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WEILER v. ROSS

No. 4736

395 P.2d 323 (1964)

H.A. WEILER, Appellant, v. John Tom ROSS, Special Administrator of the Estate of John R. Ross, Deceased, Respondent.

Supreme Court of Nevada

September 11, 1964

Attorney(s) appearing for the Case

Brian L. Hall, of Reno, for Appellant.

Laxalt, Ross & Laxalt, of Carson City, for Respondent.

THOMPSON, Justice.

In this case the district judge dismissed the suit of a creditor against an estate because the complaint designated the defendant John Tom Ross as the special administrator of the estate when, in fact, he was at that time the general administrator thereof.1 Contemporaneously the judge refused to rule upon the plaintiff's motion to amend to cure the mistake as to the capacity...

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