Bartol v. Calvert
Supreme Court of Alabama
Ekkob to tlie Court of Probate of Mobile. The estate of Charles Hammond, deceased, was declared insolvent on the 20th February, 1846, and a final decree of settlement and distribution was made on the 9th September, 1851. The claim of the plaintiff in error is not mentioned in this decree, but by consent of parties, the decree was suspended, and the plaintiff’s claim was set for hearing on the 12th September, 1851, with the understanding, that if the claim was allowed, the…
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Ekkob to tlie Court of Probate of Mobile. The estate of Charles Hammond, deceased, was declared insolvent on the 20th February, 1846, and a final decree of settlement and distribution was made on the 9th September, 1851. The claim of the plaintiff in error is not mentioned in this decree, but by consent of parties, the decree was suspended, and the plaintiff’s claim was set for hearing on the 12th September, 1851, with the understanding, that if the claim was allowed, the decree should be opened, and the claimant be let in to receive his yyro rata share. On the hearing, a bill of exceptions…
1Opinion of the CourtGoldthwaite, J.
— On the hearing of the claim, which was more than nine months after the estate had been declared insolvent, objections were filed by the administrator, to the effect, that the claim was not filed within six months after the decree of insolvency, and that it was not properly verified. The first question which is presented upon the record, arises upon the action of the court below in allowing these objections to be filed at that time. By the provisions of the ninth section of the act of 1843, Clay’s Dig. 194 § 10, every person having any claim against an insolvent estate, is required to file…
2Cases cited8 opinions
- Prince v. SmithMassachusetts Supreme Judicial Court · 1808
- Strong v. BirchardSupreme Court of Connecticut · 1824
- Commonwealth v. ChaseMassachusetts Supreme Judicial Court · 1806
- Kimball v. LamsonSupreme Court of Vermont · 1829
- Brewer v. HarrisSupreme Court of Virginia · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sprague v. NorwayCalifornia Supreme Court · 1866
- Gross v. FowlerCalifornia Supreme Court · 1863
- Sovereign Camp, W. O. W. v. ReedSupreme Court of Alabama · 1922
- Guaranty Trust & Safe Deposit Co. v. Buddington, Wilson & Co.Supreme Court of Florida · 1891
- Odom v. OdomSupreme Court of Alabama · 1961
4 more not listed; retrieve them via the Exa API.