70 P. 998 | Utah | 1902
The complaint filed in tbe district court is- as follows: “Plaintiff complains and alleges: Eirst. That she is tbe administratrix of tbe estate of E. A. Reed, deceased, and duly appointed by this court, and qualified and acting as such. Second. That tbe defendant Richard T. Hume is tbe administrator of the estate of George H. Burgitt, deceased, and duly appointed by this court, and qualified and acting as such. Third. That tbe said George H. Burgitt died on tbe — day of-, 1900, and
We are of tbe opinion tbat tbe findings above quoted can not be sustained upon tbe evidence. ' Tbe claim of Burgitt-was unquestionably a claim against tbe deceased for services
It is also true, as contended by appellants, that no action for a conversation by Burgitt can be sustained against this administrator or bis sureties until an accounting in
Tbe judgment of tbe lower court is reversed, with directions to sustain tbe defendants’ demurrer, and the defendants are awarded their costs below and on this appeal.