Dennis v. Coker's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Monroe. IN the matter of the estate of G-eorge W. Coker, deceased, which was regularly declared insolvent on the 22d October, 1855, and against which the appellant, as the surviving partner of the firm of J. B. & P. M. Dennis, had filed as. a claim an account for $189 92. The affidavits annexed to this claim, on which its allowance was asked, were the following : 1st, the affidavit of J. B. Dennis, deceased, made before a justice of the peace…
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Appeal from the Probate Court of Monroe. IN the matter of the estate of G-eorge W. Coker, deceased, which was regularly declared insolvent on the 22d October, 1855, and against which the appellant, as the surviving partner of the firm of J. B. & P. M. Dennis, had filed as. a claim an account for $189 92. The affidavits annexed to this claim, on which its allowance was asked, were the following : 1st, the affidavit of J. B. Dennis, deceased, made before a justice of the peace on the 18th September, 1854, stating “ that the annexed account is just and correct, to the best of his knowledge and…
1Opinion of the CourtE. W. Walnee, J.
Under the rule adopted in Pickell v. Ezell, 27 Ala. 623, we must hold, that the affidavit of J. B. Dennis, and the original affidavit of Longmire, do not properly verify the claim of the appellants. — See, also, Lay v. Clark, 31 Ala. 409.
[1.] The subsequent affidavits, made in April, 1858, can have no influence on the case. The act of February 6th, 1858, (Acts ’57-8, p. 37,) does not apply, where the nine months after the estate was'declared insolvent had expired before the statute was enacted.
The decree of the probate court is affirmed.
2Cases cited2 opinions
- Pickle's Adm'r v. EzzellSupreme Court of Alabama · 1855
- Lay v. Clark's Adm'rSupreme Court of Alabama · 1858
3Cited by11 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Burgess & Co. v. MartinSupreme Court of Alabama · 1895
- Henderson v. ReynoldsIndiana Supreme Court · 1907
- Worthen v. State ex rel. VernerSupreme Court of Alabama · 1914
- Sulzby v. PalmerSupreme Court of Alabama · 1916
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