Burgess v. Helm
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Ormsby county; C. E. Mach, District Judge: Action by William Burgess against Frank Helm, administrator of the estate of Mrs. William McDonald, deceased, to recover value of services. From a judgment for the plaintiff, and from an order denying a motion for a new trial, defendant appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the State of Nevada, Ormsby county; C. E. Mach, District Judge: Action by William Burgess against Frank Helm, administrator of the estate of Mrs. William McDonald, deceased, to recover value of services. From a judgment for the plaintiff, and from an order denying a motion for a new trial, defendant appeals. The facts sufficiently appear in the opinion. I. A person presenting a claim to an administrator of an estate for allowance is bound by the claim as he presents it. If he presents it founded upon an express contract, and it is rejected, his cause of…
1Opinion of the Court
By the Court,
Bonnifield, J.:
The plaintiff duly filed with the Clerk of the District Court of the First Judicial District of the State of Nevada, in and for Ormsby county, his claim against the estate of said deceased, to wit:
“ Estate of Mrs. William McDonald, deceased, to William Burgess, Dr., for wages from February 15, 1890, to April 13, 1897, as a laborer working for deceased upon and about her home at the rate of $12 per month, $1044. Credit by cash paid on account of wages during said#period and for clothes purchased by deceased and furnished claimant, $245; balance, $799.”
The…
2Cases cited3 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Fells v. VestvaliNew York Court of Appeals · 1865
- Livingston v. WagnerNevada Supreme Court · 1895
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- Blankenship v. DeckerMontana Supreme Court · 1906
- United States Potash Co. v. McNuttCourt of Appeals for the Tenth Circuit · 1934
- Tallman v. First National BankNevada Supreme Court · 1949
- Close v. FlanaryNevada Supreme Court · 1961
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