Cudahy Packing Co. v. Miller's Estate
Mississippi Supreme Court
Appeal from the chancery court of Tunica county. Hon. M. E. Denton, Chancellor. Suit by Cudahy Packing Company against the estate of C. E. Miller, deceased. Erom a decree sustaining an objection by the executor to plaintiff’s claim, it appeals. The facts are fully stated in the opinion of the court. The petition and affidavit attached thereto are in substantial compliance with section 2106 of the Code of 1906. Substantial compliance with the statute is all that is required.
Read the full summary
Appeal from the chancery court of Tunica county. Hon. M. E. Denton, Chancellor. Suit by Cudahy Packing Company against the estate of C. E. Miller, deceased. Erom a decree sustaining an objection by the executor to plaintiff’s claim, it appeals. The facts are fully stated in the opinion of the court. The petition and affidavit attached thereto are in substantial compliance with section 2106 of the Code of 1906. Substantial compliance with the statute is all that is required. Chaeirs v. Chaeirs,- 81 Miss. 663; Walker v. Nelson, 87 Miss. 268; Bankston v. Copeland, 55 So. 48. The claim of the…
1Opinion of the CourtSmith, C. J.
The affidavit attached to the claim sought to be probated fails to comply with section 2106 of the Code in several particulars, among which is that it contains no allegation that “it” — the claim sought to be probated —“is not usurious.” But it is said by counsel that it appears from an inspection of the written statement of the claim that it is not usurious. In this we think counsel are in error; but whether or not it so appears is immaterial. This fact must appear from a specific allegation to that effect, and not from a construction of the language in which the claim sought to be probated…
2Cases cited3 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Gordon v. McDougallMississippi Supreme Court · 1904
- Abbay v. HillMississippi Supreme Court · 1886
3Cited by7 opinions
- Estate of Boyd v. ThomasSupreme Court of Minnesota · 1925
- Rogers v. RosenstockMississippi Supreme Court · 1918
- Stevens v. D. R. Dunlap Mercantile Co.Mississippi Supreme Court · 1914
- Jennings v. Lowery BerryMississippi Supreme Court · 1927
- Cohn v. McClintockMississippi Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.