Waters v. Hurst

In tbe opinion of .a majority of this court, the trial judge erred in overruling the defendant’s motion to set aside the judgment, made during the term in which the judgment was rendered. We are led to this view by the fact that, while the twelve months’ exemption from suit, which is accorded by law to representatives of estates of deceased persons, is, in a sense, a personal privilege, and may be expressly waived, a waiver can not be implied from a mere acknowledgment of service of a petition which does not contain an averment that there has been 'a waiver of the exemption. In our opinion,…