E. M. Derby & Co. v. Jackman

Temple, C.

— This action was commenced against the testator of defendants. The executors having been substituted for the original defendant, plaintiffs made out and presented their claim against the estate, and then filed an amended complaint, in which no mention was made of the presentation of the claim. Some months later they filed a supplemental complaint, in which the death, probate of the will, appointment and qualification of the executors, and presentation of the claim are alleged.

After answer both to the amended and supplemental complaints, the plaintiffs moved for judgment on the…