Weiler v. Ross

OPINION

By the Court,

Thompson, J.:

In this case the district judge dismissed the suit of a creditor against an estate because the complaint designated the defendant John Tom Ross as the special administrator of the estate when, in fact, he was at that time the general administrator thereof. 1 Contemporaneously the judge refused to rule upon the plaintiff’s motion to amend to cure the mistake as to the capacity in which the named defendant was sued. The dismissal was apparently based upon NRS 140.040(3) which provides that “in no case shall the special administrator be liable to an action by any…