Worthley's Administrator v. Hammond
Court of Appeals of Kentucky
Case 62 — PETITION ORDINARY APPEAL PROM POWELL CIRCUIT COURT. The statute requiring all demands against a decedent’s estate to be verified embraces a claim on which suit was brought in his lifetime. No recovery can be had until the affidavit is made. (Gen. Stat. 451; Myers’s Code, sec. 473.) The plaintiff must make the affidavit whether the administrator defendant calls for it by rule or not.
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Case 62 — PETITION ORDINARY APPEAL PROM POWELL CIRCUIT COURT. The statute requiring all demands against a decedent’s estate to be verified embraces a claim on which suit was brought in his lifetime. No recovery can be had until the affidavit is made. (Gen. Stat. 451; Myers’s Code, sec. 473.) The plaintiff must make the affidavit whether the administrator defendant calls for it by rule or not. It is no waiver if the administrator does not call on the plaintiff to do what the law requires him to do before any recovery can be had.
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
1. There was a joint cause of action against Miller and the administrator of "Worthley, and the appellee was a competent witness; the rule being that if one who is a party to a suit be called as a witness for himself and his co-parties, he will be competent unless all the adverse parties are persons against whom he could not testify if they were sued singly. Here the appellee would have been a competent witness against *512Miller if the action had been against him alone, except as to transactions, declarations, and conversations between the appellee…
2Cited by12 opinions
- Nelson v. JohnsonCourt of Appeals of Kentucky · 1920
- United Casket Co. v. ReevesCourt of Appeals of Kentucky · 1925
- Graves' Administrator v. City of GeorgetownCourt of Appeals of Kentucky · 1913
- Spradlin v. Stanley's Adm'rCourt of Appeals of Kentucky · 1907
- Harding v. BullardCourt of Appeals of Kentucky · 1916
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