Harding v. Grim
Oregon Supreme Court
Appeal from Marion: Geo. H. Burnett, Judge. This is an action by E. J. Harding against the defendant, as administrator of the estate of J. W. Grim, deceased, upon a promissory note made, executed, and delivered by his intestate to plaintiff on February seventh, eighteen hundred and fifty-eight, for the sum of five hundred and thirty-six dollars, payable two years after date, for which a verified claim 'was duly presented to and rejected by the defendant, as such…
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Appeal from Marion: Geo. H. Burnett, Judge. This is an action by E. J. Harding against the defendant, as administrator of the estate of J. W. Grim, deceased, upon a promissory note made, executed, and delivered by his intestate to plaintiff on February seventh, eighteen hundred and fifty-eight, for the sum of five hundred and thirty-six dollars, payable two years after date, for which a verified claim 'was duly presented to and rejected by the defendant, as such administrator on the eleventh day of October, eighteen hundred and ninety-two. The defense is the statute of limitations. To take…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
1. At the trial the plaintiff was nonsuited, on motion of the defendant, because he had not proven a cause sufficient to be submitted to the jury, by evidence other than his own, as required by section 1134, Hill’s Code. This section, among other things, provides, “that no claim which shall have been rejected by the executor or administrator * * * shall be allowed by any court, referee, or jury, except upon some competent or satisfactory evidence other than the testimony of the claimant.” The effect of this statute is that, while the claimant is a competent witness…
2Cases cited5 opinions
- Mills v. . DavisNew York Court of Appeals · 1889
- Roseboom v. BillingtonNew York Supreme Court · 1819
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Riggs v. . RobertsSupreme Court of North Carolina · 1881
- Miller v. EngleCalifornia Court of Appeal · 1906
3Cited by20 opinions
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Goltra v. PenlandOregon Supreme Court · 1904
- Eastman v. CraryOregon Supreme Court · 1929
- Franklin v. NorthrupOregon Supreme Court · 1923
- Pruitt v. MuldrickOregon Supreme Court · 1901
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