Berkin v. Marsh
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson Cowitnj. Action in guardian’s bond. Judgment was rendered for the defendants below by Shower*, J., on demurrer to the complaint. Statement of the case by the justice delivering the opinion. Plaintiff appeals from a judgment entered upon sustaining the defendant’s demurrer to the complaint.
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Appeal from Fifth Judicial District, Jefferson Cowitnj. Action in guardian’s bond. Judgment was rendered for the defendants below by Shower*, J., on demurrer to the complaint. Statement of the case by the justice delivering the opinion. Plaintiff appeals from a judgment entered upon sustaining the defendant’s demurrer to the complaint. Plaintiff is administrator of’the estate of Valentine Thuma, who was judicially declared to be dead on October 11, 1890, on which day plaintiff was appointed administrator of his estate. Thuma, before his death, was insane, and the defendant Marsh was for many…
1Opinion of the CourtDe Witt, J.
This is a special statute of limitations, applied to sureties upon a guardian’s bond. (Hudson v. Bishop, 32 Fed. 519.) Appellant contends that the cause of action here attempted to be stated arose only upon the filing of the final report by the guardian, and its confirmation by the court. It is not necessary to express an opinion upon this question. It may be conceded for the purposes of this decision that the cause of action arose only upon the confirmation of the guardian’s final report. Upon this question see Chaquette v. Ortet, 60 Cal. 594; Hood v. Hood, 85 N. Y. 561; Marlow v. Lacy, 68…
2Cases cited17 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Chaquette v. OrtetCalifornia Supreme Court · 1882
- Perkins v. . StimmelNew York Court of Appeals · 1889
- In re AllgierCalifornia Supreme Court · 1884
- Klemp v. WinterSupreme Court of Kansas · 1880
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3Cited by15 opinions
- Cook v. CeasCalifornia Supreme Court · 1904
- Western Coal & Mining Co. v. HilvertArizona Supreme Court · 1945
- Maloney v. Massachusetts Bonding & InsuranceCalifornia Supreme Court · 1942
- Ballinger v. ThompsonWyoming Supreme Court · 2005
- Goble v. SimeralNebraska Supreme Court · 1903
10 more not listed; retrieve them via the Exa API.