Tharp v. Loeb Hardware Co.

Plaintiff sues to recover of defendant as administratrix of the estate of F. B. Tharp, deceased, an account claimed to be due plaintiff by deceased in his lifetime. The only plea is that of the statute of nonclaims, by which plea it is claimed that the account of plaintiff was not filed in accordance with sections 5815 and 5818 of the Code of 1923.

The cause was tried by the court without a jury, whose finding on the facts will not be disturbed unless such finding is clearly erroneous. McClurkin v. McClurkin, 206 Ala. 513, 90 So. 917.

In a suit of this character, where the statute of nonclaim…