Taylor v. National Bank
Arizona Supreme Court
APPEAL from an order of the Superior Court of the County of Maricopa. F. H. Lyman, Judge. STATEMENT OP PACTS. Lezin Augustus Amirault died intestate on the ninth day of December, 1918. On the twenty-third day of December, 1918, letters of administration on the estate of said deceased were duly issued to the appellant.
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APPEAL from an order of the Superior Court of the County of Maricopa. F. H. Lyman, Judge. STATEMENT OP PACTS. Lezin Augustus Amirault died intestate on the ninth day of December, 1918. On the twenty-third day of December, 1918, letters of administration on the estate of said deceased were duly issued to the appellant. On February 8, 1919, the appellee presented to the appellant, as such administrator, its verified claim against the estate of said deceased, based upon two promissory notes, executed by the deceased in his lifetime, one in the principal sum of eleven thousand four hundred fifty…
1Opinion of the CourtBakek, J.
(After Stating the Facts as Above.)— It is claimed by the appellant that the proceeding instituted by the appellee, to obtain an order of the court requiring the administrator to sell the property of the estate for the purpose of paying the appellee’s claim, was not a “suit” within the meaning of the stipulation in the note providing for attorney’s fees. His contention is that the proceeding was a collateral matter not contemplated by the parties. 8 Corpus Juris, 1029. We do not think this contention is tenable. Although the proceeding may not have been a suit within the technical meaning of…
2Cases cited3 opinions
- Crocker-Woolworth National Bank v. CarleCalifornia Supreme Court · 1901
- Landis v. WoodmanCalifornia Supreme Court · 1899
- Simmons v. TerrellCourt of Appeals of Texas · 1889
3Cited by3 opinions
- Elson Development Co. v. Arizona Savings & Loan Ass'nArizona Supreme Court · 1965
- Federal Land Bank v. WarnerSupreme Court of the United States · 1934
- Federal Land Bank v. WarnerArizona Supreme Court · 1933