(Download) "Igo v. Commissioner of Public Safety" by Minnesota Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Igo v. Commissioner of Public Safety
- Author : Minnesota Court of Appeals
- Release Date : January 01, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Alleging that he had stopped his automobile in traffic on 75th Street and that Edna A. Krogsdale negligently drove her automobile into the rear of his stopped vehicle, Bobby Rabin instituted this action against Mrs. Krogsdale to recover $50,000 damages for his resulting personal injuries. On January 6, 1959, while the action was pending, Mrs. Krogsdale died and the Commerce Trust Company was appointed executor of her estate. Thereupon the plaintiff, pursuant to the provisions of the non-claim statutes as amended in 1959 (Laws Mo. 1959, S.B, 305; Mo. R.S. 1959, Secs. 473.360, 473.363, 473.367), filed suggestion of Mrs. Krogsdales death, duly served the Commerce Trust Company as executor with process and substituted the trust company as party defendant. Since Mrs. Krogsdale died on January 6, 1959, and the amended non-claim statutes were approved on June 25, 1959, the defendant was of the opinion that the amended non-claim statutes were not applicable and that the action was governed by the non-claim statutes as originally enacted as a part of the Probate Code in 1955. Laws Mo. 1955, pp. 385, 434-435; Laws Mo. 1957, pp. 829, 847; V.A.M.S., Secs. 473.360, 473.363, 473.367. In short, since the plaintiff substituted parties as provided in the amended act and did not file notice of his claim in the probate court within nine months of the first published notice of letters testamentary, as provided in the original act, it was the contention of the defendant that plaintiff could not maintain the action. Therefore, the defendant was of the opinion that plaintiffs cause of action was barred and accordingly filed a motion to dismiss. The court sustained the motion and the plaintiff appeals from the final judgment of dismissal. In this manner is presented for decision, as the parties agree, the question of whether the action is governed by Laws of Mo. 1959, S.B. 305, or whether it is governed by Laws of Mo. 1955, p. 385. If the original statutes govern, the action, admittedly, was barred. Clarke v. Organ, (Mo.) 329 S.W.2d 670. On the other hand, if the amended statutes govern, the action, admittedly, was not barred.