Payne v. Griffin

This is an action to recover money alleged to be due upon an oral contract made by the defendant’s testator. The merits of the action are not before us. The issue is the correctness of the trial court’s ruling that the action could not be maintained.

The defendant demurred to the plaintiff’s amended complaint. The court sustained the demurrer and entered judgment thereon. The plaintiff appeals that ruling.

The trial court held that because the plaintiff had previously filed a claim against the estate of the deceased obligor, and because he had attempted to press that claim in the county…