Kirman v. Powning
Nevada Supreme Court
Appeal from the Second Judicial District Court, Washoe County; B. F. Curler, District Judge. Action by R. Kirman against Clara A. Powning, as administratrix of the estate of C. C. Powning, deceased. From a judgment sustaining the demurrer to the complaint, plaintiff appeals. The facts sufficiently appear in the opinion. I. The administratrix allowed the claim by statutory limitation.
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Appeal from the Second Judicial District Court, Washoe County; B. F. Curler, District Judge. Action by R. Kirman against Clara A. Powning, as administratrix of the estate of C. C. Powning, deceased. From a judgment sustaining the demurrer to the complaint, plaintiff appeals. The facts sufficiently appear in the opinion. I. The administratrix allowed the claim by statutory limitation. At the time she acted upon the claim the law was that if she failed to act within a certain time, that the claim would be construed as allowed. (Sec. Ill, Stats. 1897.) II. Could the claim as presented be…
1Opinion of the Court
By the Court,
Massey, J.:
The appellant instituted this action to foreclose a mortgage. A demurrer to' the complaint was interposed and sustained, and a judgment rendered in favor of the respondent. The appeal is taken from the judgment and the order sustaining the demurrer.
The facts shown by the complaint are that C. C. Powning died intestate at Washoe county, Nevada, about the 4th day of November, 1898, leaving an estate therein; that on the 6th day of December, 1898, an order was made by the district court of said state in and for said county appointing the respondent administratrix of the…
2Cases cited7 opinions
- In re the Estate of SullenbergerCalifornia Supreme Court · 1887
- McGurn v. McInnisNevada Supreme Court · 1898
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