American Smelting & Refining Company v. Ridgway

On Motion for Rehearing

Appellee, in his motion for rehearing, asserts in effect that this Court committed fundamental error since it lacked jurisdiction to render judgment against him because there is no evidence that appellant’s claim was presented to the guardian and rejected and that suit was commenced within 90 days after the claim was rejected. Appellant pleaded: “That Plaintiff did duly present his claim attached hereto and marked Exhibit ‘B’ for the above described materials for payment to Defendant, William O. Ridgway, and Defendant William O. Ridgway, Jr., did reject said claim.”…