Carhart, Bros. & Co. v. Clark's Adm'r
Supreme Court of Alabama
Appeal from tbe Probate Court of Sumter. IN the matter of the estate of David ~W. Clark, deceased, which was declared insolvent on the 2d June, 1856. On the 12th February, 1857, Carhart, Brothers & Co. filed a claim against said estate; which claim was verified by the affidavit of one of the partners of the firm, purporting to have been taken on the 24th February, 1857, in New York city, before Joseph C. Lawrence, as commissioner for the State of Alabama in and for the State…
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Appeal from tbe Probate Court of Sumter. IN the matter of the estate of David ~W. Clark, deceased, which was declared insolvent on the 2d June, 1856. On the 12th February, 1857, Carhart, Brothers & Co. filed a claim against said estate; which claim was verified by the affidavit of one of the partners of the firm, purporting to have been taken on the 24th February, 1857, in New York city, before Joseph C. Lawrence, as commissioner for the State of Alabama in and for the State of New York; and the certificate of said commissioner, under his hand and seal, was appended to it. No objection to…
1Opinion of the CourtStone, J.
— The act of 1843 was construed, in Hollinger v. Holley, 8 Ala. 454. It was there held, that a claim against an insolvent estate must be filed within six months after the declaration of insolvency; and that a failure to comply with this requirement of the statute could be taken advantage of at any time before, or on the settlement. The clause which required “every such claim to be verified by the affidavit of the claimant,” received a different construction. In reference to this verification by the oath of the claimant, the rule declared by that and subsequent decisions of this court was,…
2Cases cited8 opinions
- Dodson v. HarrisSupreme Court of Alabama · 1846
- Pickle's Adm'r v. EzzellSupreme Court of Alabama · 1855
- Hollinger v. HollySupreme Court of Alabama · 1845
- Bartol v. CalvertSupreme Court of Alabama · 1852
- Cook v. DavisSupreme Court of Alabama · 1847
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3Cited by4 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Goree v. WadsworthSupreme Court of Alabama · 1890
- Christopher v. StewartSupreme Court of Alabama · 1901
- Norvill v. Williams' Adm'rSupreme Court of Alabama · 1860