Toulouse v. Burkett
Idaho Supreme Court
A complaint in an action against the administrator of an estate that does not allege that any claim for the amount demanded was presented to the administrator for allowance, and that it was rejected, and that action was commenced within the statutory period after rejection, should be dismissed, as stating no cause of action. (Prob. Prac. Act, secs. 131, 136; Eev.
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A complaint in an action against the administrator of an estate that does not allege that any claim for the amount demanded was presented to the administrator for allowance, and that it was rejected, and that action was commenced within the statutory period after rejection, should be dismissed, as stating no cause of action. (Prob. Prac. Act, secs. 131, 136; Eev. Stats., pp. 265, 267.) And if the question of failure to properly allege and prove these statutory steps is raised in the court below, and the objection is not met by amendment and proof, it is fatal to the action. (Hentsch v.…
1Opinion of the CourtBuck, J.
The plaintiffs in this action were partners, doing business as miners, in Alturas county, in this territory, and the owners of certain mines mentioned in the complaint. On the fifteenth day of October, 1881, they executed and delivered to Nicholas Boucher, and to his heirs and assigns, a deed of the undivided one-third of said mines, in consideration of *186$2,000. Tbe said consideration was not paid at tbe time said deed was delivered to said grantee, but said indenture of deed contained tbe stipulation by tbe grantors that said grantee “agrees to work on said mines, without remuneration, until…
2Cases cited10 opinions
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Sichel v. De CarrilloCalifornia Supreme Court · 1871
- Gray v. Palmer & EatonCalifornia Supreme Court · 1858
- Hentsch v. PorterCalifornia Supreme Court · 1858
- Pico v. CuyasCalifornia Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Nichols v. KnowlesIdaho Supreme Court · 1964
- Neis v. FarquharsonWashington Supreme Court · 1894
- Casady v. ScottIdaho Supreme Court · 1924
- Ashbauth v. DavisIdaho Supreme Court · 1951
- Panhandle Lumber Co. v. RancourIdaho Supreme Court · 1913
20 more not listed; retrieve them via the Exa API.