Mays v. Rogers
Supreme Court of Arkansas
APPEAL from While Circuit Court. ■ Hon. J. N. Ctpert, Circuit Judge. STATEMENT, On the sixteenth of January, 1879, T. J. Rogers, as administrator, d. b. «., of the estate of Thomas Gr.
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APPEAL from While Circuit Court. ■ Hon. J. N. Ctpert, Circuit Judge. STATEMENT, On the sixteenth of January, 1879, T. J. Rogers, as administrator, d. b. «., of the estate of Thomas Gr. Mays, deceased, filed in the Probate Court of White county his petition, alleging that the personal assets of the estate were entirely exhausted, leaving the following debts unpaid,. to-wit: Account of T. J. Rogers...................... $ 60 45- Interest at 6 per cent., from April 80, 1860..... Judgment of T. J. Rogers..................... 242 90‘ Interest at 10 per cent., from April 30, 1860..... Account of B.…
1Opinion of the CourtHarrison, J.
The Statute of non-claim was suspended ■during the war. Williamson et al v. McCrary, ad., 33 Ark., 470. The claim of Joues was, therefore, presented in due time; yet if it had not been, the allowance of it could not be called in question in a collateral proceeding. Carter, ad., v. Engles, 35 Ark., 205; Montgomery and wife v. Johnson, 31 Ark., 74, and cases there cited.
Under our system of administration there can be no necessity or occasion for the revival of allowances. Gantt’s Dig., secs. 142-147; Rose v. Thompson, 36 Ark., 254.
And as payment of claims can be enforced only as ■directed by…
2Cases cited5 opinions
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