Hart v. Johnston

Neese, District Judge.*

This is an action on an alleged oral promise by the defendant’s decedent to pay the plaintiff a sum of money. While jurisdiction is not disputed by either party, this court is required to notice its jurisdiction on its own motion. McNutt v. General Motors Acceptance Corp. (1939), 298 U. S. 178, 184, 56 S. Ct. 780, 80 L. Ed. 1135, 1141(3).

This court has not acquired jurisdiction of this action to enforce payment to the plaintiff of the aforementioned sum of money unless there has been a timely presentation to and rejection by the defendant-administrator of the…