(Download) "Novak v. Novak" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Novak v. Novak
- Author : Supreme Court of Montana
- Release Date : January 03, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Submitted November 13, 1962 This is an appeal from a verdict of the jury and judgment thereon in the first judicial district From the facts it appears that the deceased John Novak, Sr., was a resident of Lewis and Clark County, Montana, for many years and was engaged in ranching. His wife had predeceased him but as the result of the union there were six sons and four daughters and the litigants in this action are both sons of the deceased The deceased passed away on June 11, 1960, and had resided with the plaintiff, Mike Novak, and his wife, Donna, at their home from September 11, 1959, to June 6, 1960. Mr. Novak died in the hospital in Helena, Montana On July 18, 1960, John Novak, Jr., was appointed the executor of his father's estate by order of the district court of Lewis and Clark County On August 15, 1960, the plaintiff, Mike Novak, filed his creditor's claim in a total amount of $4,006.38. The executor and defendant, John Novak, Jr., denied the claim and on January 12, 1961, the plaintiff filed a complaint seeking $4,006.38 Upon the trial, the jury returned a verdict in favor of the plaintiff, Mike Novak, in the amount of $2,668.70; judgment was entered on November 1, 1961, in accordance with the verdict. This appeal followed The defendant and appellant cites five specifications of error but all revolve around the interpretation of section 93-701-3, R.C.M. 1947. So far as pertinent here that section reads: ""The following persons cannot be witnesses: * * *