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Geller v. McCown

64 Nev. 102, 177 P.2d 461 (1947)

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Geller v. McCown

Nevada Supreme Court

64 Nev. 102, 177 P.2d 461 (1947)

Facts

Alice McCown (plaintiff), former wife of decedent Malcolm McCown, filed suit in Nevada state court against Charles Geller (defendant), the administrator of Malcolm’s estate. Alice claimed that Geller had improperly rejected her claim to a portion of the estate. Alice claimed that, at the time of her marriage to Malcolm, he owned real estate in the Yukon Territory, Canada, and that she was entitled to one-third of the value of that property under Yukon’s dower law. Alice’s complaint did not plead either Yukon or Canadian law. Geller filed a demurrer to Alice’s complaint. The demurrer was overruled, but Geller did not answer the complaint. As a result, Alice obtained a default judgment in her favor. Geller appealed the overruling of his demurrer and the entry of judgment against him.

Rule of Law

Issue

Holding and Reasoning (Eather, C.J.)

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