Thornton v. Moore
Supreme Court of Alabama
APPEAL faom Franklin Probate Court. This was an appeal from an order made on March 2d, 1877, allowing a claim preferred by the appellee, James E. Moore, against the insolvent estate of Thomas E. Winston, of which the appellant, Lewis B. Thornton, was administrator de bonis non. Moore claimed title to the notes by purchase from the administrator of I. H. Walker.
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APPEAL faom Franklin Probate Court. This was an appeal from an order made on March 2d, 1877, allowing a claim preferred by the appellee, James E. Moore, against the insolvent estate of Thomas E. Winston, of which the appellant, Lewis B. Thornton, was administrator de bonis non. Moore claimed title to the notes by purchase from the administrator of I. H. Walker. The entry in regard to said claim, in the schedule of claims against the insolvent estate, is as follows: “ A. W. Ligón, administrator of I. H. Walker, files the receipt of attorneys W. L. B. & J. W. Cooper for three several notes made…
1Opinion of the CourtBrickell, C. J.
1. The motion to dismiss the appeal •can not be entertained. It comes too late, after a subffiission of the cause on the merits, without notice of it to the appellant, and without affording him the opportunity of curing the defects by amendment, as he could have done-under the statute. — Code of 1876, § 3931.
2. The statute requires that every claim against an insolvent estate, which is to share in the distribution of the assets, must within nine months after the declaration of insolvency, or after the claim accrues, be filed in the office of the judge of probate, verified by the oath of the…
2Cases cited16 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Hart v. TurkSupreme Court of Alabama · 1849
- Cobb v. Miller, Ripley & Co.Supreme Court of Alabama · 1846
- Flinn v. ShacklefordSupreme Court of Alabama · 1868
- Wilson v. WilsonSupreme Court of Alabama · 1860
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Moore v. Winston's Adm'rSupreme Court of Alabama · 1880
- Owen v. BankheadSupreme Court of Alabama · 1884
- Eubank v. ClarkSupreme Court of Alabama · 1884
- Christopher v. StewartSupreme Court of Alabama · 1901
4 more not listed; retrieve them via the Exa API.