Jennings v. Lowery Berry

I am unable to agree with the majority opinion that the filing of the proof of publication as provided in section 2103, Code of 1-906 (section 1771, Hemingway’s Code, as amended by chapter 302, Laws of 1920), is necessary to set the six-month statute of limitation to running; and, in the second place, I am unable to agree that the notice therein provided for must be filed with the clerk within the six-month period in which creditors may probate claims.

It seems to me that a careful consideration of the sections quoted in the majority opinion lead to a contrary conclusion from that arrived at…