Gutierrez v. Scholle
Citations
- 12 N.M. 328
- 78 P. 50
Syllabus
<p>SYLLABUS.</p> <p>1. The judgment of a probate court allowing a claim against an estate in the form of a promissory note which is not sworn to is erroneous but not void for want of jurisdiction. Clancy v. Clancy, 7 N. M. 405, overruled pro tanto.</p> <p>2. A judgment of allowance of a claim against an estate of a deceased is not a complete and effective judgment until an order on the • administrator to pay is obtained, and a proceeding to obtain such order is not an action on the judgment of allowance within the meaning of section 2914, Compiled Laws, 1897.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- overruled by Galloway v. Cinello, 188 W.Va. 266, 271, 423 S.E.2d 875 (1992)
Source: CourtListener parenthetical corpus (CC0).
Judges: Baker, Below, Having, Mann, McPie, Mills, Parker, Pope, Tried
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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