Meinert v. Snow
Idaho Supreme Court
APPEAL from District Court, Custer County. The complaint was and is fatally defective, in that it discloses that the' claim sued on was never presented to the administrator for allowance. As the agent of the estate, declarations made by the administrator, where his right to act in a ■particular has ceased, are mere hearsay and incompetent. (1 Greenleaf on Evidence, 113.) Where there is no evidence on a point, the court should so instruct.
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APPEAL from District Court, Custer County. The complaint was and is fatally defective, in that it discloses that the' claim sued on was never presented to the administrator for allowance. As the agent of the estate, declarations made by the administrator, where his right to act in a ■particular has ceased, are mere hearsay and incompetent. (1 Greenleaf on Evidence, 113.) Where there is no evidence on a point, the court should so instruct. (Carroll v. Sprague, 59 Cal. 655.) In acting upon a claim, it is the duty of the administrator, by virtue of his office, to fully investigate all the facts…
1Opinion of the CourtHuston, J.
This is an action brought by plaintiff against defendant, as administrator of the estate of Hiram A. Pear-sons, deceased, for the value of services, alleged to have been rendered and performed by the plaintiff for the decedent during Ms lifetime, and at his special instance and request. The appeal is from the order of the district court, overruling defendant’s motion for new trial. The record purports to contain a bill of exceptions and statement on motion for a new trial. The bill of exceptions was never (as appears by the record) submitted to, settled or signed by, the district judge, and…
Also in this document: Concurrence.
2Cases cited2 opinions
- Church v. . HowardNew York Court of Appeals · 1880
- Whiton v. . SnyderNew York Court of Appeals · 1882
3Cited by3 opinions
- Parrott v. City of Hot SpringsSouth Dakota Supreme Court · 1896
- Giffen v. FaulknerIdaho Supreme Court · 1930
- Hays v. CrutcherIdaho Supreme Court · 1904