Howe v. Coldren
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Churchill County. The defendant was sued as the administrator of E. L. Coldren, deceased. The four hundred dollars sued for was alleged to have been received by the deceased in his life-time from- one Davis, in money belonging to the plaintiff and David Rosenburg, who after-wards assigned to plaintiff, and to have been by the deceased converted to his own use.
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Appeal from the District Court of the Seventh Judicial District, Churchill County. The defendant was sued as the administrator of E. L. Coldren, deceased. The four hundred dollars sued for was alleged to have been received by the deceased in his life-time from- one Davis, in money belonging to the plaintiff and David Rosenburg, who after-wards assigned to plaintiff, and to have been by the deceased converted to his own use. A claim for the amount had been presented to the administrator within the time allowed by law to present claims against the estate, and had been rejected. The portion of…
1Opinion of the Court
By the Court,
Beatty, C. J.
An action was brought by the appellant to recover from the defendant four hundred dollars damages for money alleged to have *174been received by the intestate and improperly converted to Ms own use. The administrator lives in Washoe County and the suit was brought in Churchill. The summons was sent to Washoe, served in that county, and returned to the Clerk’s office in Churchill. No answer was made in time, default was taken, and judgment entered in favor of the plaintiff. At the next term of the Court the defendant’s attorney moved to set aside the default and vacate…
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