Dodson v. Nevitt
Montana Supreme Court
Appeal from First District, Gallatin County. A motion to strike out counterclaim from answer is equivalent to demurrer, and exceptions are deemed as taken thereto. R S. p. 91, sec. 280. Can a liability created by an executor in his official capacity be offset against a suit brought on a claim due the estate? It is not such a claim as is provable against the estate, but one that should be settled by him and included for allowance among administration expenses.
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Appeal from First District, Gallatin County. A motion to strike out counterclaim from answer is equivalent to demurrer, and exceptions are deemed as taken thereto. R S. p. 91, sec. 280. Can a liability created by an executor in his official capacity be offset against a suit brought on a claim due the estate? It is not such a claim as is provable against the estate, but one that should be settled by him and included for allowance among administration expenses. No action can be maintained to charge an estate of a deceased person unless the claim has previously been presented to the executor for…
1Opinion of the Court
Wade, O. J.
This is an action instituted by the respondent, as executor of the estate of Thomas B. War-field, deceased, to recover rents from the appellant for the use and occupation of the real estate of the deceased. The appellant in his answer, after denying that he is indebted to the respondent for the use and occupation of the premises described in the complaint in any sum whatever, sets up a counterclaim, and alleges that the estate of Warfield is indebted to him in the sum of $949.50, for work, labor and services performed for the respondent as such executor at his special instance and…
2Cases cited2 opinions
- Eustace v. JahnsCalifornia Supreme Court · 1869
- Gurnee v. MaloneyCalifornia Supreme Court · 1869
3Cited by11 opinions
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Knutsen v. KrookSupreme Court of Minnesota · 1910
- Garver v. ThomanArizona Supreme Court · 1913
- Mathews v. MarsdenMontana Supreme Court · 1924
- Barber v. BriscoeMontana Supreme Court · 1888
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