gno.law

Gillespie v. Winn

California Supreme Court · No. 9,328 · 1884-07-24 · Published · 65 Cal. 429 · 4 P. 411 · 1884 Cal. LEXIS 584

GEORGE H. GILLESPIE v. A. G. WINN, Administrator of the Estate of E. E. Hersperger

Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

The Court.

We think the motion for nonsuit was properly granted. The claim on which the action is based was never presented for allowance to the defendant as the administrator of the estate of Mrs. Hersperger, deceased, nor is it shown that the money which she received as the guardian of plaintiff ever came into the hands of defendant as such administrator, or otherwise. On the other hand, the only evidence introduced on the trial tends to prove the exact reverse.

Judgment affirmed.

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