Huffman v. Moore's Administrator
Court of Appeals of Kentucky
Case 49 — PETITION EQUITY 1. The court erred in dismissing the petition for want of proper verification. This can only be done after the issual of rule against the plaintiff to show cause, &e. Harris v. Ray, 15 B. M., C30; Wheeler v. Wales, 3 Bush, 225. 2. A motion for a rule based upon an answer filed, or an affidavit filed, is the proper way to raise the question as to the sufficiency of the affidavit and proof of claim against the decedent's estate.
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Case 49 — PETITION EQUITY 1. The court erred in dismissing the petition for want of proper verification. This can only be done after the issual of rule against the plaintiff to show cause, &e. Harris v. Ray, 15 B. M., C30; Wheeler v. Wales, 3 Bush, 225. 2. A motion for a rule based upon an answer filed, or an affidavit filed, is the proper way to raise the question as to the sufficiency of the affidavit and proof of claim against the decedent's estate. Thomas’ Ex’r. v. Thomas, 15 B. M., 185; Nutall v. Bannon’s Ex’r., 5. Bush, 11. 3. The suit was in effect one to settle. an insolvent estate…
1Opinion of the CourtChief Justice Lewis
Appellant having a demand for medicines furnished and medical services rendered to Jarrett Moore, amounting to $1.92, less $6.50 paid, brought this action in equity against appellees John Moore, administrator of his estate, and John Moore, James Moore and Alice Wilson, heirs at law.
He states in his petition decedent left no personal property with which to pay debts; and that the administrator has never made a settlement of his transactions as such, but that Jarrett Moore owned and was in possession at the time of his death of a certain tract of land, identified and described in the petition.…
2Cases cited2 opinions
- Grey's ex'r v. LewisCourt of Appeals of Kentucky · 1881
- Howard's adm'r v. Leavell's adm'xCourt of Appeals of Kentucky · 1874
3Cited by9 opinions
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
- Hill's Admr. v. GrizzardCourt of Appeals of Kentucky · 1909
- Bailey's Administrator v. Hampton Grocery Co.Court of Appeals of Kentucky · 1920
- Harding v. BullardCourt of Appeals of Kentucky · 1916
- Maynard v. MaynardCourt of Appeals of Kentucky · 1917
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