Berghoff v. Cummings

Mr. Presiding Justice Gridley

delivered the opinion of the court.

Counsel for defendant urge, as grounds for a reversal of the judgment, that there is no evidence that John J. Cummings is deceased; that no profert of letters testamentary issued to defendant was made; and that it does not sufficiently appear that defendant is the executor of said estate of John J. Cummings. There is no merit in any of these contentions. It is alleged in plaintiff’s statement of claim that John J. Cummings “has lately died” and it is admitted in defendant’s affidavit of merits that said Cummings is “now…