Thurber v. Miller

Citations

• 14 S.D. 352
• 85 N.W. 600
• 1901 S.D. LEXIS 26

Syllabus

<p>Where in a suit against a decedent’s estate, evidence of the presentation of the claims in issue was objected to by the defendant administrator on the ground that the proof of claim was improperly verified, and that there was no evidence to show that the person to whom it was presented was authorized to represent the estate, the failure of the court to rule on the objection was reversible error, since had the ruling been adverse to the plaintiff, he might have supplied evidence to show that the claim was properly verified, and that the person to whom it was presented was authorized to receive it.</p> <p>Fuller, P. J. dissenting.</p>