Griffith v. James
| Decision Date | 20 June 1916 |
| Docket Number | 13425. |
| Parties | GRIFFITH v. JAMES et ux. |
| Court | Washington Supreme Court |
Department 2. Appeal from Superior Court, Pierce County; M. L. Clifford Judge.
Action by Nellie R. Griffith, administratrix of the estate of Jennie V. Thomas, deceased, against M. O. James and wife. From an order dismissing the action, plaintiff appeals. Reversed and remanded.
H. W Lueders, of Tacoma, for appellant.
This is an unlawful detainer action wherein the plaintiff, Nellie R Griffith, as administratrix de bonis non of the estate of Jennie V. Thomas, deceased, seeks recovery of the possession of premises situated in Tacoma and also rent claimed to be due thereon from the defendants, M. O. James and wife. The case proceeded to trial in the superior court for Pierce county, sitting without a jury, when at the close of evidence introduced in plaintiff's behalf the court, on motion for nonsuit made by counsel for the defendants granted the same and entered its order dismissing the action. From this disposition of the case the plaintiff has appealed to this court.
On October 14, 1913, August Thomas and Jennie V. Thomas were husband and wife and then owned as their community property the premises here in controversy. On that day, Jennie V Thomas died, leaving a will naming her husband as executor thereof. This will was duly admitted to probate in the superior court for Pierce county, and August Thomas duly qualified as executor thereof on December 30, 1913. Soon thereafter he rented the premises to respondents, M. O. James and wife, at a monthly rental of $20, which was paid by them up until February 8, 1914. On June 15, 1914, August Thomas died, leaving the estate of his deceased wife and of the community composed of himself and his deceased wife unadministered, and appellant Nellie R. Griffith was soon thereafter by the superior court for Pierce county duly appointed administrix de bonis non with the will annexed of the unadministered estate. She duly qualified as such on June 27, 1914, and has ever since been the duly qualified and acting administratrix de bonis non of that estate. On March 10, 1915, proceeding under the unlawful detainer statute, she caused to be served upon respondents, James and wife, a notice demanding that they pay the rent in arrears, which she claimed then amounted to $260, and that they vacate and surrender the premises. Respondents having declined to comply with these demands, this action followed. The above-noticed facts are admitted by the pleadings in the case. The testimony of appellant given upon the trial was, in substance, that respondents were in arrears in payment of the rent from the 8th day of February, 1914, in all thirteen months, amounting to $260, and also that respondents had admitted to her that the rent accruing after that date had not been paid. It would seem then that appellant had clearly made a prima facie case entitling her to recover as...
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