Elliott v. Peck
California Supreme Court Jul 1, 1878 No. No. 5827Published
Synopsis
Estates of Decedents—Defective Findings.—In. an'action to recover a disallowed claim against an estate, which was not presented within ten months after the notice to creditors, the findings must show when the claim became due.
By the Court : There is no finding from which it can be seen at what precise time the claim of Elliott became due. This was necessary in order to determine whether the presentation of the claim— made on the 17th of September, 1875—was within the time required by the statute. (Code of Civil Procedure, sec. 1493.)
Order affirmed. Remittitur forthwith.
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