Powell-Sanders Co. v. Carssow
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action to recover a claim against the estate of a deceased person for merchandise sold and delivered. Judgment for defendant. A claim may still be pending and unrejeeted before an administrator, even though the ten days have passed without indorsement. (Estate of Coryell, 16 Ida. 201, 101 Pac. 723; Miller v. Lewiston etc.
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APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action to recover a claim against the estate of a deceased person for merchandise sold and delivered. Judgment for defendant. A claim may still be pending and unrejeeted before an administrator, even though the ten days have passed without indorsement. (Estate of Coryell, 16 Ida. 201, 101 Pac. 723; Miller v. Lewiston etc. Bank, 18 Ida. 124, 108 Pac. 901.) It is the law that a short statute of limitations relating to claims against an estate “is highly penal, and must be strictly…
1Opinion of the CourtSullivan, C. J.
This is an action upon the claim of plaintiff against the estate of O. C. Carssow, deceased, amounting to $6,837.99, with interest. The respondent, as administratrix, is defending upon the ground that the claim is barred by the statute of nonelaim or. limitation. The action was tried before the court with a jury and at the close of the evidence the defendant moved for a judgment of nonsuit, the principal ground of which was that the evidence showed that the suit was not brought within three months after the expiration of ten days from the presentment of said claim to the administratrix for…
Also in this document: Concurrence.
2Cases cited1 opinion
- Moore v. CoppCalifornia Supreme Court · 1897
3Cited by8 opinions
- McKenney v. McNearneyIdaho Supreme Court · 1967
- Payette Lakes Protective Ass'n v. Lake Reservoir Co.Idaho Supreme Court · 1948
- People Ex Rel. White v. StormIdaho Supreme Court · 1930
- Crum v. FillersCourt of Appeals of Tennessee · 1926
- Hillcrest Irr. Dist. v. Nampa Etc. Irr. Dist.Idaho Supreme Court · 1937
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