Branch Bank of Alabama at Mobile v. Rhew
Mississippi Supreme Court
ERROR to the Circuit Court of Tallahatchie county. Hon. F. M. Rogers, judge. In addition to the facts set out in the opinion of the court, it is only necessary to state more fully the second plea filed by the defendant, under leave granted.
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ERROR to the Circuit Court of Tallahatchie county. Hon. F. M. Rogers, judge. In addition to the facts set out in the opinion of the court, it is only necessary to state more fully the second plea filed by the defendant, under leave granted. This plea, after setting out by proper and sufficient averments, the grant of letters to Jane M. Rice, the first administratrix, and the due and legal publication of notice to creditors, proceeds as follows: “ And the defendant avers that the claim sued on by plaintiff was not presented for payment duly probated, either to Jane M. Rice, or any one else…
1Opinion of the CourtSmith, C. J.
This suit was brought by the plaintiff in error, on a valid note, *112against the defendant in error, as the administrator de bonis non of George W. Rice, deceased.
The defendant answered, relying upon a decree of insolvency made, in relation to the estate, by the Court of Probates of Talla-hatchie county, at the instance of the administrators in chief; the neglect of the plaintiff to present the claim, now in suit, to the commissioner, and the consequent failure of the commissioner to embrace the same in his report of the claims allowed against the estate, and the due return of the report, and…
2Cases cited1 opinion
- Rawlins v. PoindexterMississippi Supreme Court · 1854
3Cited by2 opinions
- Perry v. WestMississippi Supreme Court · 1866
- Simmons v. HolmesMississippi Supreme Court · 1873