Singer v. Austin
North Dakota Supreme Court
Appeal from District Court, Dickey County; Allen, J. Action by F. L. Singer and others against James M. Austin, executor of Kate Austin Angelí. From an order sustaining a demurrer to the complaint, plaintiffs appeal. Publication of notice to creditors before order is made therefor, is a nullity.
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Appeal from District Court, Dickey County; Allen, J. Action by F. L. Singer and others against James M. Austin, executor of Kate Austin Angelí. From an order sustaining a demurrer to the complaint, plaintiffs appeal. Publication of notice to creditors before order is made therefor, is a nullity. Wise et al. v. Williams et al., 25 Pac. 1064; Ribble v. Furmin, 98 N. W. 420; Mosher v. Goodale, 106 N. W. 195; Smith v. Hall et al., 19 Cal. 85; 18 Cyc. 447. Short statute of limitations begins to run only after notice to creditors is. given. 8 A. E. C. L. 1081; Bradley v. Kent, 7 Houst. (Del.) 372;…
1Opinion of the CourtFisk, J.
Action to establish a claim against the estate of one Kate Austin Angelí, deceased. A demurrer to the complaint was *548interposed in the trial court; the ground of demurrer being that the complaint fails to allege facts sufficient to constitute a cause of action. The appeal is from an order sustaining such demurrer, and the sole error assigned relates to the correctness of such ruling.
Briefly stated, the complaint alleges the following facts: That in February, 1905, the said Kate Austin Angelí died testate, and on March 21, 1906, her last will and testament was duly allowed to probate in Dickey…
2Cases cited12 opinions
- Janin v. BrowneCalifornia Supreme Court · 1881
- Field v. . FieldNew York Court of Appeals · 1879
- Ricketson v. RichardsonCalifornia Supreme Court · 1861
- Strecker v. RailsonNorth Dakota Supreme Court · 1910
- McCann v. PennieCalifornia Supreme Court · 1893
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