Maier Packing Co. v. Frey

Appeal from judgment. Maier Packing Co. instituted suit upon a claim against the estate of one C. David Frey, deceased, of which respondent was the administratrix. The claim and affidavit in support of it was attached to and made a part of the complaint. A demurrer interposed by defendant was sustained upon the ground that the complaint failed to state facts sufficient to constitute a cause of action. Plaintiff declined to amend, and judgment was thereupon entered in favor of defendant, from which this appeal is prosecuted.

The claim was allowed by the administratrix, but rejected and…