Landis

—Plaintiff presented a claim against the estate of A. Fuller, deceased, to the administrator. This claim was in the following form and was rejected:

Upon the rejection of the aforesaid claim this action was brought upon it, and a general demurrer was sustained to the complaint. Thereafter judgment was entered against plaintiff, and this appeal is taken from that judgment. The complaint was held fatally defective upon the ground that the- claim therein set out was fatally defective.

Among other matters, section 1494 of the Code of Civil Procedure declares: “Every claim which is due when presented to the executor or administrator must be supported by the affidavit of the claimant, or some one in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same to the knowledge of the affiant. If the claim be not due when, presented, or be contingent, the particulars of such claim must be stated.” It was held by the -trial court that the “particulars” required to be stated in a claim that is not due were not set out in this claim. The single question involved by this appeal is, Does the claim…