W. L. Weller & Sons v. Rensford
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by W. L. Weller & Sons against Harry Kens-ford, as administrator in assumpsit for a claim against his decedent. Judgment for defendant, and plaintiffs appeal.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by W. L. Weller & Sons against Harry Kens-ford, as administrator in assumpsit for a claim against his decedent. Judgment for defendant, and plaintiffs appeal. Plea 6a is as follows: “Said account upon which this suit is based is barred by the statute of nonclaim, because the same was not presented within 12 months after the grant of letters of administration on said estate, by filing the same and a statement thereof in the office of the judge of probate of Jefferson county, in which office letters were granted, and…
1Opinion of the CourtMcCLELLAN, J.
The action, instituted April 10, 1908, is by the appellants against appellee, and seeks the recovery of an indebtedness created by appellee’s intestate, Tom Rensford, in the purchase of liquors, etc., from appellants for intestate’s saloon business in the city of Birmingham. Tom Rensford died in March, 1906, and Harry Rensford. was constituted the administrator of his estate April 3, 1906. The judgment below was in favor of the defendant. Apart from other questions argued for appellants, the result on this appeal is determinable upon the considerations to be stated.
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2Cases cited10 opinions
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Smith v. FellowsSupreme Court of Alabama · 1877
- Allen v. ElliottSupreme Court of Alabama · 1880
- Kornegay v. MayerSupreme Court of Alabama · 1902
- Rensford v. Magnus & Co.Supreme Court of Alabama · 1907
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3Cited by15 opinions
- Aaron v. StateSupreme Court of Alabama · 1960
- Howard v. StateSupreme Court of Alabama · 1965
- Ex Parte WilkinsonSupreme Court of Alabama · 1929
- Brannan v. SherrySupreme Court of Alabama · 1916
- Roberts v. GraysonSupreme Court of Alabama · 1937
10 more not listed; retrieve them via the Exa API.