Rickards v. Hutchinson
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Washoe County. The facts appear in the syllabus and opinion. I. Plaintiff’s complaint does not state facts sufficient to constitute a cause of action, (a.) As against the administratrix and administrator, it fails to show any presentation to them, or either of them, of any claim against the estate of their decedent. This is a fatal error. (1 Comp.
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Appeal from the District Court of the Seventh Judicial District, Washoe County. The facts appear in the syllabus and opinion. I. Plaintiff’s complaint does not state facts sufficient to constitute a cause of action, (a.) As against the administratrix and administrator, it fails to show any presentation to them, or either of them, of any claim against the estate of their decedent. This is a fatal error. (1 Comp. Laws 618 ; Harp v. Calaban, 46 Cal. 233; Pitte v. Shipley, 46 Cal. 161; Whitmore v. San Francisco S. U., 50 Cal. 150 ; Marshy. Dooley, 52 Cal. 235.) (b.) As plaintiff claimed in her…
1Opinion of the Court
By the Court,
Hawley, C. J.:
On the twenty-second day of May, 1876, Mrs. Nancy L. Wheat made, executed, and delivered to respondent her promissory note for three hundred dollars, payable on the twenty-second day of May, 1877,. and, to secure the payment of the note, gave a mortgage upon certain real estate situate in the town of Reno, in Washoe county. On the twenty-second day of March, 1879, Mrs. Wheat died intestate, and on the thirty-first day of May, 1879, her daughter, Mrs. L. C. Stiger, received letters of administration upon her estate and ever sinc.e has been the administratrix thereof.…
2Cases cited3 opinions
- Christy v. DanaCalifornia Supreme Court · 1868
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- Corbett v. RiceNevada Supreme Court · 1866
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