Smith v. McDaniel
Superior Court of New Hampshire
. Petition for a new trial. The petition set forth that Sarah Smith, the wife, was a creditor of the estate of James W. Hayes, of which the defendant is administrator; that the estate was represented insolvent, and that she, while a feme sole, exhibited the claim to the commissioners for allowance, who disallowed and rejected the same ; that at a probate court holden on the 6th of September, 1842, the report of the commissioners was accepted by the judge of probate ; and…
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. Petition for a new trial. The petition set forth that Sarah Smith, the wife, was a creditor of the estate of James W. Hayes, of which the defendant is administrator; that the estate was represented insolvent, and that she, while a feme sole, exhibited the claim to the commissioners for allowance, who disallowed and rejected the same ; that at a probate court holden on the 6th of September, 1842, the report of the commissioners was accepted by the judge of probate ; and that, on the 3d of October, 1842, she filed in the probate office a claim of an appeal from the report of the…
1Opinion of the CourtParker, C. J.
The appeal in this case was taken under the statute of July 2d, 1822, regulating the settlement and distribution of insolvent estates, in which, after provision for an appeal and notice, and that “ the creditor may, at the court appealed to, enter his action as plaintiff against the executor or administrator,” it is enacted, that “ if the creditor shall fail to enter his action in manner aforesaid, or to recover judgment thereon, his demand shall be forever barred, and whatever was allowed by the commissioners shall be struck from the list of claims.” N. H. Laws, (Ed. 1830,) 862. It is…
2Cases cited1 opinion
- Dyer v. StanwoodSuperior Court of New Hampshire · 1833
3Cited by2 opinions
- Sheafe v. SheafeSuperior Court of New Hampshire · 1854
- Barnes v. AbbottSupreme Court of New Hampshire · 1875