Saxton v. Musselman

Citations

• 17 S.D. 35
• 95 N.W. 291
• 1903 S.D. LEXIS 13

Syllabus

<p>1. A bill of particulars of an account sued on is not a part of tbe complaint and cannot be made a part of the record on appeal without a bill of exceptions.</p> <p>2. Under Comp. Laws 1887, § 5795, providing that every claim allowed by the executor or administrator, and approved by the judge, must within 30 days thereafter be filed in the county court, etc., and section 5796, declaring that when a claim is rejected the holder must bring suit within three months after the date of its rejection, claims which have been rejected need not be filed in the county court.</p> <p>3. In an action against administrators on a claim disallowed by them, a plea of limitations is not bad because failing to state that deceased was a resident of the state for six years prior to his death.</p> <p>4. Where, in an.action against administrators on a rejected claim, plaintiff claimed that the action was to enforce a trust, and hence was not barred by limitations, and defendant claimed that the action was onQ for an ordinary debt, and the hill of particulars of plaintiff’s claim was not a part of the record, the sufficiency of a plea of limitations could not be determined.</p>