(DOWNLOAD) "Violet H. Darrah v. Raymond W. Foster" by Supreme Court of North Dakota * eBook PDF Kindle ePub Free
eBook details
- Title: Violet H. Darrah v. Raymond W. Foster
- Author : Supreme Court of North Dakota
- Release Date : January 12, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In this case two causes of action arising out of the same automobile accident are involved. One is an action for wrongful death and the other for personal injuries. They were instituted in the Circuit Court of Johnson County against the administrator of a decedent. On motion of the defendant administrator, the actions were dismissed with prejudice for failure of the claimants to file in the probate court a written notice of the institution of the action within nine months after the first published notice of letters of administration. The appellants contend they were relieved of the obligation to file a notice by reason of the repeal of § 473.360, RSMo 1957 Cum. Supp., V.A.M.S., and the enactment of another section bearing the same number, RSMo 1959, V.A.M.S. The new section became effective during the nine-month period for filing notice and provides that unless a written notice is filed within the nine-month period no recovery may be had out of any assets being administered in the probate court or from any distributee or other person receiving such assets. For convenience the named plaintiff, Violet H. Darrah, and the defendant cross-claimant, Mary Lucille Sacco, will sometimes be referred to as the plaintiffs since each is seeking a remedy for an injury to her rights.