Ong v. Whipple

Washington Territory

Ong v. Whipple

3 P. 898, 3 Wash. Terr. 233

CourtWashington Territory

DecidedJuly 20, 1882

StatusPublished

Cited by2 cases

This text of 3 P. 898 (Ong v. Whipple) is published on Counsel Stack Legal Research, covering Washington Territory primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ong v. Whipple, 3 P. 898, 3 Wash. Terr. 233 (Wash. Super. Ct. 1882).

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Opinion

Mr. Justice Wingard

delivered the opinion of the court.

In this ease we are of the opinion that the guardian of the plaintiff being dead, he would be without any adequate remedy unless he can maintain his suit against the executor. (Pedeman, Adm’r of Robb, 8 Ohio, 227.) The judgment of the District Court in sustaining the demurrer to plaintiff’s complaint is therefore reversed, and the cause is remanded for further proceedings. We do not consider the complaint exposed to the second, third, and fourth objections urged by the appellee.

Greene, C. J., and Hoyt, J., concurred.

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Mr. Justice Wingard

delivered the opinion of the court.

In this ease we are of the opinion that the guardian of the plaintiff being dead, he would be without any adequate remedy unless he can maintain his suit against the executor. (Pedeman, Adm’r of Robb, 8 Ohio, 227.) The judgment of the District Court in sustaining the demurrer to plaintiff’s complaint is therefore reversed, and the cause is remanded for further proceedings. We do not consider the complaint exposed to the second, third, and fourth objections urged by the appellee.

Greene, C. J., and Hoyt, J., concurred.

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3 P. 898, 3 Wash. Terr. 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ong-v-whipple-washterr-1882.

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