[DOWNLOAD] "Parker v. Rich" by Supreme Court of Minnesota ~ eBook PDF Kindle ePub Free
eBook details
- Title: Parker v. Rich
- Author : Supreme Court of Minnesota
- Release Date : January 01, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
RUGG, Chief Justice. This is an action of contract to recover charges for services rendered to the defendants intestate with respect to the funeral of his wife. The case was submitted on these agreed facts: On December 21, 1934, the defendant was appointed administrator of the estate of the deceased and gave bond as required by law; on December 19, 1935, the writ in the present case was made out; on December 20, 1935, a notice was filed in the registry of probate under St. 1933, c. 221, ร§ 4, setting forth the pendency of this action in the Municipal Court of the city of Boston and stating the name of the estate, the name and address of the plaintiff and the amount of the claim; the writ was not turned over to an officer for service but was entered in court on its return day, which was January 4, 1936. The defendant pleaded the short statute of limitations among the defences. The trial Judge ruled that it was immaterial in a technical sense whether this action was actually commenced within one year after the approval of the bond of the administrator, found that the action was not barred by the statute of limitations, and found for the plaintiff. There appears to be no dispute as to the amount of the debt due the plaintiff, provided he is entitled to recover. The parties have filed in this court a stipulation to the effect that, as a result of a motion filed on February 6, 1936, an order of personal notice to the defendant issued out of the Municipal Court of the City of Boston, which was served in hand upon the defendant, and that the latter duly appeared and answered. The facts thus stipulated are confirmed by the docket entries.