Gillespie v. Winn

California Supreme Court

Gillespie v. Winn

4 P. 411, 65 Cal. 429, 1884 Cal. LEXIS 584

CourtCalifornia Supreme Court

DecidedJuly 24, 1884

DocketNo. 9,328

StatusPublished

Cited by2 cases

This text of 4 P. 411 (Gillespie v. Winn) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gillespie v. Winn, 4 P. 411, 65 Cal. 429, 1884 Cal. LEXIS 584 (Cal. 1884).

Pincite

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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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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Bluebook (online)

4 P. 411, 65 Cal. 429, 1884 Cal. LEXIS 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillespie-v-winn-cal-1884.

Opinion

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