Zachary v. Chambers
Oregon Supreme Court
Error to Washington. The plaintiff in error brought suit against Chambers, administrator of the estate of A. L. Zachary, to recover the sum of 696 dollars, for wheat and oats, sold and delivered to A. L. Zachary, in his lifetime. The action was originally brought in the County Court of "Washington County, and trial and verdict for the plaintiff.
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Error to Washington. The plaintiff in error brought suit against Chambers, administrator of the estate of A. L. Zachary, to recover the sum of 696 dollars, for wheat and oats, sold and delivered to A. L. Zachary, in his lifetime. The action was originally brought in the County Court of "Washington County, and trial and verdict for the plaintiff. Defendant appealed to the Circuit Court, where the issue was submitted to the judge under the statute, and a finding for the defendant. The plaintiff says that there was error in the judgment of the court, and the case is here for correction, if such…
1Opinion of the CourtStratton, J.
Chapter 4, section 4, Oregon Statutes, page 356, providing for the manner in which claims against estates shall be presented and allowed, enacts that “Every claim presented to the administrator shall be supported by the *322affidavit of the claimcmt that the amount is justly due; that no payments have been made thereon, and that there are no legal offsets to the same to the knowledge of the claimant.”
Section 9 further provides, that “No holder of any claim against an estate shall maintain any action thereon, unless the claim shall have been first presented to the executor or administrator.”
The…
2Cited by9 opinions
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- Brown v. HartmanNebraska Supreme Court · 1899
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