Braithwaite v. Harvey
Montana Supreme Court
Appeal from, Seventh Judicial District, Custer County. Action against an administrator. J udgment was rendered for the defendant below by Milburn, J. The facts alleged in paragraph 2 of plaintiff's complaint, in connection with all the facts set forth in the other allegations of the complaint, work an estoppel against the defendant in this action, and against the estate of Leighton, to the extent that this defendant as administrator is not now at liberty to question the…
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Appeal from, Seventh Judicial District, Custer County. Action against an administrator. J udgment was rendered for the defendant below by Milburn, J. The facts alleged in paragraph 2 of plaintiff's complaint, in connection with all the facts set forth in the other allegations of the complaint, work an estoppel against the defendant in this action, and against the estate of Leighton, to the extent that this defendant as administrator is not now at liberty to question the balance presented to him for allowance by the plaintiff against the estate of the said Leighton, as a true balance due and…
1Opinion of the CourtPemberton, C. J.
Through this action plaintiff seeks to recover judgment against Phillip Harvey, administrator of Joseph Leighton, deceased, on a demand for the payment of five thousand five hundred and thirty-five dollars and ninety-three cents, and interest, arising on a contract hereinafter referred to. The claim was presented to, and disallowed by, the administrator of the decedent. This action was then brought in the district court thereon. The questions involved in this appeal arise on the action of the trial court in striking from the complaint portions thereof, on motion of defendant, and thereafter…
2Cases cited7 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
- Johnson v. PowersSupreme Court of the United States · 1891
- McCormick v. BrownCalifornia Supreme Court · 1868
- Aspden v. NixonSupreme Court of the United States · 1846
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3Cited by20 opinions
- Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
- Sheley v. ShaferNew Mexico Supreme Court · 1931
- Berkin v. HealyMontana Supreme Court · 1916
- Lefebure v. BakerMontana Supreme Court · 1923
- Burrowes v. GoodmanCourt of Appeals for the Second Circuit · 1931
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