Buss v. Dye
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. Action by George H. Buss against James M. Dye, administrator of the estate of Frank J. Chance. From judgment for plaintiff, defendant appeals. Presentation of claim to probate court, within one year after appointment of administrator is not condition precedent to right of claimant to bring suit in District Court. Sections 1967, 1999 and 2004, C. L. 1897. Presentation of claim is condition precedent.
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Appeal from District Court, Chaves County; McClure, Judge. Action by George H. Buss against James M. Dye, administrator of the estate of Frank J. Chance. From judgment for plaintiff, defendant appeals. Presentation of claim to probate court, within one year after appointment of administrator is not condition precedent to right of claimant to bring suit in District Court. Sections 1967, 1999 and 2004, C. L. 1897. Presentation of claim is condition precedent. Sections C. L., supra, and section 2004', 2005, C. L. 1897: ' STATEMENT OF FACTS. The appellant was appointed administrator of the estate…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating the facts as above.)- — Two assignments of error are presented for our consideration by tbe brief of the appellant, which present, however, but one question, viz.: May a person holding a claim against the estate of a deceased person bring his suit in the district court after the expiration of one year from the appointment of the administrator, without having first filed his claim in the probate court, and given the notice as required by law within one year from the date of such appointment? Or, as otherwise stated in appellant’s brief, is the…
2Cited by12 opinions
- Frei v. BrownleeNew Mexico Supreme Court · 1952
- Mathieson v. HublerNew Mexico Court of Appeals · 1978
- Levers v. HoustonNew Mexico Supreme Court · 1945
- In Re Landers' EstateNew Mexico Supreme Court · 1929
- Springer Corp. v. WelchNew Mexico Supreme Court · 1969
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