10 Ind. App. 611 | Ind. Ct. App. | 1894
The facts as we gather them from the record and briefs of counsel are that the appellee, in August, 1893, filed a claim for $1,046.75 against the estate of Robert Neel, deceased, of which estate appellant is administrator, and the claim not having been allowed, was transferred to the issue docket for trial. After the trans
The appellee insists that the ruling of the court in overruling this motion was not an error for the reason that section 522, R. S. 1894, which provides that the defendant may, at any time before the trial, serve upon the plaintiff an offer in writing to allow judgment to go against him for the amount therein specified, with costs, is not applicable to the litigation of claims against decedents’ estates; that the adjustment of such claims is regulated by the decedent’s estate act, and an administration can not, after a claim has been placed upon the issue docket, allow it without the approval of the court.
On the other hand the counsel for the appellant insist that section 522, supra, is applicable to cases against decedents’ estates, and that if the claimant does not accept the offer to confess, and upon trial recovers less than the offer, he shall be taxed with all costs accrued subsequent to the time of making the offer.
By section 103 of the act of September 19, 1881 (section 2327, R. S. 1881), an executor or administrator was empowered to allow judgment to go by confession against the estate which he represented, but this section was repealed by section 35 of the act of March 7, 1883 (Acts 1883, page 164).
Section 2480, R. S. 1894, which provides that the trial of claims, which have been transferred to the issue
Judgment affirmed.