Crosby v. McWillie

This suit was brought on a claim against the plaintiff in error, as administratrix of Josiah Crosby. The most material question for our consideration, arises on the refusal of the Court below, to give the third charge asked by the counsel for the defendant in the Court below; it was as follows: That “ the plaintiffs have no right to say that the affidavit of “ James E. Jenkins, their attorney, made on the 25th Janu- “ ary, 1851, was not good ; and that they are not thereby ex- “ cused from commencing suit within three months from the “ rejection of the claim by the administratrix.” The…