Gillespie v. Campbell
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Caroline I. Campbell -against James M. Gillespie, administrator. From a 'judgment for plaintiff, defendant appeals. The first count in the complaint was for $191, dne by the administrator as such by account made by decedent on the 5th day of October, 1903. The second count was on an account stated between plaintiff and decedent on the same day.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Caroline I. Campbell -against James M. Gillespie, administrator. From a 'judgment for plaintiff, defendant appeals. The first count in the complaint was for $191, dne by the administrator as such by account made by decedent on the 5th day of October, 1903. The second count was on an account stated between plaintiff and decedent on the same day. The third count was for work and labor done for decedent and his wife during his lifetime and at his request from the 1st day of March, 1903, to the 5th day of October,…
1Opinion of the Court
DOWDELL, J. —
The complaint was on the common counts. We fail to see any merit in the demurrer to the complaint ,as amended.
The account as filed in the probate court was not verified as required by the statute. The verification omitted the words, “after allowing all proper credits.”— Section 133, Code 1896. But by the provisions of this statute this defect or insufficiency of the verification may be cured by amendment.
In Kornegay v. Mayer, 135 Ala. 141, 33 South. 36, it was decided that the highest and best evidence of the filing and docketing of the claim in the probate court is the docket…
2Cases cited1 opinion
- Kornegay v. MayerSupreme Court of Alabama · 1902
3Cited by4 opinions
- Foster v. FosterSupreme Court of Alabama · 1929
- Russell v. GarrettSupreme Court of Alabama · 1920
- N. L. Carpenter & Co. v. NaftelSupreme Court of Alabama · 1919
- Moebes v. KaySupreme Court of Alabama · 1941