Legal Opinion

Johnson v. Bain

Alabama Court of Appeals

Decided April 15, 1919No. 8 Div. 617PublishedCited by 1 opinion

Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Action by W. N. Bain against Curtis Johnson, as administrator of the estate of Pat Bain and the sureties on his bond. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtBrown, P. J.

All claims against estates of persons deceased are barred by the statute, “and the payment or 'allowance thereof prohibited!’ unless filed within the time prescribed by the statute. Code 1907, §§ 2589, 2590.

[11 Generally the statute begins to run from the date of the appointment of the personal representative, and this is true re gardless of whether the personal representative gives notice of his appointment as required by Code, § 2586. Bank v. Plannett, 37 Ala. 222; Cawthorne v. Weisinger, 6 Ala. 714; McHenry v. Wells, 28 Ala. 451; Brannan v. Sherry, 195 Ala. 272, 71 South. 106.

The statute…

2Cases cited12 opinions

  1. Hackett v. CashSupreme Court of Alabama · 1916
  2. Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
  3. Cawthorne v. WeisingerSupreme Court of Alabama · 1844
  4. Rogers v. BrooksSupreme Court of Alabama · 1892
  5. Dickey v. StateAlabama Court of Appeals · 1916

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3Cited by1 opinion

  1. Sloss-Sheffield Steel & Iron Co. v. GreekSupreme Court of Alabama · 1924

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