Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-11-30

Alfred Oh 3rtz,
For Appellant.
OPINION
By Belknap, J.
Respondent, a corporation created by
the laws of the State of California, pc
titiOned the District Court to file its
claim against the estate Of decedent after
the expiration of the statutory time for
the publication of the notice to creditors
barring unpresented claims, upon the
ground that it had no notice Of The APP
peintment Of appellant AS Administra-
trix. and that the final account had not
been filed. Anidavits in support of the
motion were also fled, and upon the
showing made an order was entered al
lowing respondent to file its claim.
The Administrators appeals from the
order, claiming that the publication of
the statutory notice to creditors of her
appointment and giving them three
months in which to present their claims
was and as the petitioner is a
California corporation with no agent in
this State upon whom process could be
served, the Secretary OfState. under the
Statute of 1850, Statutes 1889, p. A. was
it's agent for that purpose, and that the
publication Ofthe summons was serred
upon him and is conclusive upO the
question of notice.
The Act to regulate the settlement OF
estates of deceased persons as amended
Of bo -orcinn Of 1900 and nnIpr which
the Court acted, provides:
sec. IO7. Every executors or admins
traitor shall Immediately after his APP
pOintment cause to be published in some
newspaperIpubli>hcd i'll the county, II
there be one if not. then in such news
paper as may be designated by the court
or Judge. and post copies thereof in three
public places of the county, a notice of
his appointment as such executor or ad-
ministrator. Such notice shall be prop
erly entitled of court and cause, specify
: ing the date Of appointment, the name OF
deceased, and shall be dated and officially
sign ed by the executor or administrator,
and shall direct that all persons having
i, claims against the estate are required to
file the same with the proper vouchers
/, and statutory afidavits attached, with
the Clerk of the court within three
= months from the date of the first p~ublica-
ton Of the notice. Such notice shall be
: published for at least once a week fer
four weeks, After the notice shall have
t been given as above required, a copy
= thereof with the affidavit of publication
l.. and posting, shall be filed"
n Sec. los. All persons having claims
against the deceased must within three
$ months after the first publication OF thu
/ notice specified in the preceding section
It file the same with the necessary voucher
a with the Clerk of the court, who shall Tile
4 and register each claim. If a claim To-
81 not filed with the Clerk within three
/ months after the first publication OF sale
l. notice, it shall be forever barred; pro
= vided. that when it sh al be made to ap-
Is pear by the affidavit of the claimant, o
le by other proof, that he had no notice, a
provided in this Act, to tn" satisfaction
to Of the our or judge, itm4T oe Med a
at any time before the filing x he final &C
N count"
NJ lStats. 1899, PIP. ITO, lll.)
n In considering the question whethe
IN the notice meRtiOued in the above SCI
r. tons is summons or not, we must n'
N overlook the provisions Of Section los
n the effect that when it shall be made
appear by the affidavit Of the cIaimtnt 9
Is other p.aor;"I III. haf no notice." ii
Id court :a"E orav" bis claim filed. Tn.
T. prvv.-l.r d ties NJ constitutional 7