Crane & Breed Mfg. Co. v. Stagg's Adm'r
Court of Appeals of Kentucky
CASE 55 — ACTION BY THE CRANE & BREED MANUFACTUR,ING COMPANY AGAINST MATILDA STAGG’S ADMINISTRATOR. Appeal from Mercer Circuit Court. W. C. Bell, Circuit Judge. Judgment of dismissal and plaintiff appeals. AUTHORITIES CITED.
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CASE 55 — ACTION BY THE CRANE & BREED MANUFACTUR,ING COMPANY AGAINST MATILDA STAGG’S ADMINISTRATOR. Appeal from Mercer Circuit Court. W. C. Bell, Circuit Judge. Judgment of dismissal and plaintiff appeals. AUTHORITIES CITED. Kentucky Statutes, Section 3872; Hoffman v. Moore’s Adm’r, 101 Ky., 1290; Howard v. Leavell, 10 Bush, 481; Thomas Exr. v. Thomas, 15 B. Mon., 182; Stix, &c., v. Eversoie’s Adm’r, &c., 106 Ky., 517; Civil Code, Section 428; Civil Code, Section 429; Brand v. Brand, 22 Ky. Law Rep., 1366; Holland v. Lowe’s Adm’r, 101 Ky., 289. AUTHORITIES CITED. Rogers v. Mitchell’s…
1Opinion of the Court
Opinion of the Court by
Judge Settle
Reversing.
This is an appeal from a judgment of the Mercer circuit court dismissing appellant’s action upon the grounds that the account of $400.80 against the estate of Matilda Staggy deceased, sued on, had not been verified, or. its payment demanded of the ad*431ministrator before suit, as required by sections 3870-3872, Ky. Stat. Attached to the account filed with the petition were two affidavits; the first being that of appellant’s treasurer, and the second that of another person, presumably an employe of appellant, who made oath as to tlie correctness of the…
2Cases cited3 opinions
- Huffman v. Moore's AdministratorCourt of Appeals of Kentucky · 1897
- Grey's ex'r v. LewisCourt of Appeals of Kentucky · 1881
- Dewhurst v. Shepherd'sCourt of Appeals of Kentucky · 1897
3Cited by4 opinions
- Bailey's Administrator v. Hampton Grocery Co.Court of Appeals of Kentucky · 1920
- Harding v. BullardCourt of Appeals of Kentucky · 1916
- Tudor v. Security Trust Co.Court of Appeals of Kentucky · 1915
- Lancaster's Exor v. O'BrienCourt of Appeals of Kentucky · 1910