Ray v. Hodge
Oregon Supreme Court
Appeal from the judgment of the Circuit Court for the county of Multnomah. The appellant demurred to the complaint upon the ground that the claim upon which the action was founded had not been presented to the County Court for allowance, after it had been disallowed by the executrix, before this action was brought. The overruling of this demurrer was one ground insisted ou by the appellant.
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Appeal from the judgment of the Circuit Court for the county of Multnomah. The appellant demurred to the complaint upon the ground that the claim upon which the action was founded had not been presented to the County Court for allowance, after it had been disallowed by the executrix, before this action was brought. The overruling of this demurrer was one ground insisted ou by the appellant. The other facts are stated in the opinion. 1.The claim should have been presented to the County Court, as required by statute of 1885, page 44, and until this has been done cannot be sued on. ■ 2. Hodge…
1Opinion of the CourtThayer, J.
The respondents commenced an action in said Circuit Court to recover the sum of two thousand five hundred dollars which they alleged to be due from the appellant, as executrix of the estate of Charles Hodge, deceased, and which allegation was controverted by the appellant. The case was tried before the Circuit Court without a jury, and judgment given in favor of the respondents for said sum. The ’ only questions in the case that need be considered ai’e the rights and liabilities of the parties under an agreement of assignment of a half interest in a lease, made by the respondents to said…
2Cases cited5 opinions
- Oliphant v. Woodburn Coal & Mining Co.Supreme Court of Iowa · 1884
- Toombs v. Consolidated Poe Mining Co.Nevada Supreme Court · 1880
- Berger v. PetersonIllinois Supreme Court · 1875
- Skidmore v. EikenberrySupreme Court of Iowa · 1880
- Reed v. GoldenSupreme Court of Kansas · 1881
3Cited by5 opinions
- Pritchard v. McLeodCourt of Appeals for the Ninth Circuit · 1913
- Fryberger v. BervenSupreme Court of Minnesota · 1903
- Garrett v. BrockCourt of Appeals of Texas · 1940
- Yeadon v. GrahamOregon Supreme Court · 1975
- Burnett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933