Boggs' Adm'rs v. Br. Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Perry. The estate of Josiah N. Boggs having been declared insolvent, the Branch Bank presented two claims against the estate, which were rejected by the commissioner appointed to act for the judge of the- orphans’ court of Perry, who was incompetent to sit, and thereupon the bank obtained a certiorari removing the proceedings into the circuit court.
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Error to the Circuit Court of Perry. The estate of Josiah N. Boggs having been declared insolvent, the Branch Bank presented two claims against the estate, which were rejected by the commissioner appointed to act for the judge of the- orphans’ court of Perry, who was incompetent to sit, and thereupon the bank obtained a certiorari removing the proceedings into the circuit court. From the record of the orphans’ court it appears, that the- claims of the bank consisted of a promissory note, dated 1st May, 1839, for $8690 14, due nine months after date, and a bill of exchange for $3,850, dated…
1Opinion of the CourtOrmond, J.
In our opinion the circuit court erred in its judgment upon both the claims rejected by the commissioners sitting for the judge of the orphans’ court.
We will first consider the question arising upon the plea of the statute of non claim, interposed by the administrators to the allowance of the note as a demand against the estate.
It is not pretended that there was an actual presentation of the note to the administrators, in pais, but it is insisted, that an irregular suit by notice, which the bank commenced upon the note, against the administrators, and which, at the instance of one of the…
2Cases cited3 opinions
- Garrow v. CarpenterSupreme Court of Alabama · 1835
- Sherrod v. RhodesSupreme Court of Alabama · 1843
- Whitman v. Farmers Bank of ChattahoochieSupreme Court of Alabama · 1838
3Cited by4 opinions
- McDowell v. JonesSupreme Court of Alabama · 1877
- Posey v. Decatur BankSupreme Court of Alabama · 1848
- Southern Express Co. v. Ruth & SonAlabama Court of Appeals · 1912
- Dilbone v. MoorerSupreme Court of Alabama · 1848