Douglass v. Folsom
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Ormsby county. Bichard Bising, District Judge. The facts sufficiently appear in the opinion. I. If the presentation of the claim to the attorney of the estate be held to be a presentation authorized by law, it was barred before suit was commenced. It was handed to the attorney on August 14, 1891, and ten days expired ou August 24, 1891, without the claim having been acted upon and it became rejected under the statute.
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Appeal from the District Court of the State of Nevada, Ormsby county. Bichard Bising, District Judge. The facts sufficiently appear in the opinion. I. If the presentation of the claim to the attorney of the estate be held to be a presentation authorized by law, it was barred before suit was commenced. It was handed to the attorney on August 14, 1891, and ten days expired ou August 24, 1891, without the claim having been acted upon and it became rejected under the statute. Suit was brought on January 5, 1892, more than three months after the claim was rejected. The suit cannot be maintained…
1Opinion of the Court
By the Court,
Bigelow, J.:
The only question necessary to be considered in this case is that concerning- the presentation of the plaintiff’s claim to the executrix. The record shows that on April 20, 1891, she duly published a notice requiring- “ all persons having claims against the said deceased to exhibit them, with the necessary vouchers, within four months after the first publication of this notice, to the said executrix, at the residence of John G. Fox, in Carson City, Ormsby county, Nevada. Dated April 20,1891.” [Signed] “ Ellen M. Stevenson, Executrix of the estate of C. C. Stevenson,…
2Cases cited13 opinions
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Lucich v. MedinNevada Supreme Court · 1867
- Perkins v. OnyettCalifornia Supreme Court · 1890
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- Pfeiffer v. SussSupreme Court of Missouri · 1880
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- Torreyson v. BowmanNevada Supreme Court · 1902
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