Legal Opinion

Roy v. King's Estate

Montana Supreme Court

Decided March 31, 1919No. 3,966PublishedCited by 28 opinions

Appeal from District Court, Sheridan County;, Frank N. TJtter, Judge, Action by Nellie Roy against tbe Estate of Mamie King, deceased, and W. A. Wheeler, administrator. Judgment dismissing the action. Plaintiff appeals. The declaration of a decedent is always admissible in evidence against his pecuniary interest. This is not only the law of the state of Montana, it seems to be the law everywhere. (Sec. 7870, Rev. Codes; Stoddard v. Newháll, 1 Cal. App.

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Appeal from District Court, Sheridan County;, Frank N. TJtter, Judge, Action by Nellie Roy against tbe Estate of Mamie King, deceased, and W. A. Wheeler, administrator. Judgment dismissing the action. Plaintiff appeals. The declaration of a decedent is always admissible in evidence against his pecuniary interest. This is not only the law of the state of Montana, it seems to be the law everywhere. (Sec. 7870, Rev. Codes; Stoddard v. Newháll, 1 Cal. App. Ill, 112, 81 Pac. 666; 9 Am. & Eng. Eney. of Law, 2d ed., 8; Wright v. Stage, 83 Kan. 445, 111 Pac. 467; Wormouth v. Johnson, 58 Cal. 621;…

1Opinion of the Court

MR. CHIEF JUSTICE BRÁNTLY

delivered the opinion of the court.

This is an action against the defendant as administrator upon the estate of Mamie King, deceased, to recover the sum of $366.49, with interest thereon from September 1, 1913, alleged in the complaint to be due the plaintiff as the reasonable value of goods, wares and merchandise sold and delivered to deceased in her lifetime, of board and lodging furnished, and of services performed — all sold and delivered, furnished and performed, on account, at the request of deceased between July 1, 1910, and September 1, 1913. The defendant…

2Cases cited4 opinions

  1. Martin v. HeinzeMontana Supreme Court · 1904
  2. Mauro v. PlattIllinois Supreme Court · 1872
  3. Chicago & Northwestern Railway Co. v. ButtonIllinois Supreme Court · 1873
  4. Schell v. WeaverAppellate Court of Illinois · 1906

3Cited by28 opinions

  1. Pincus v. DavisMontana Supreme Court · 1933
  2. Marcellus v. WrightMontana Supreme Court · 1923
  3. Gray v. GrantMontana Supreme Court · 1922
  4. Welch v. All PersonsMontana Supreme Court · 1927
  5. Alexander v. StateMontana Supreme Court · 1963

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