Martin v. Baldwin
Supreme Court of Alabama
Error to the County Court of Montgomery. This was a proceeding upon the settlement of the estate of Joseph Fitzpatrick, which had been declared insolvent on the 23d November, 1842, to ascertain the validity of a claim presented against the estate, by W. 0. Baldwin.
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Error to the County Court of Montgomery. This was a proceeding upon the settlement of the estate of Joseph Fitzpatrick, which had been declared insolvent on the 23d November, 1842, to ascertain the validity of a claim presented against the estate, by W. 0. Baldwin. The administrator moved to dismiss the claim, because it was not verified by affidavit, which the Court overruled, because the claim had been filed pursuant to an order of the Orphans’ Court, made on the 23d November, 1842, requiring creditors of the estate to file their claims by the first Monday in September, 1843, and that this…
1Opinion of the CourtOrmond, J.
— The objection to this claim, because it was not filed pursuant to the act of 1843, (Clay’s Dig. 194,) and and verified by affidavit, cannot prevail. The estate was declared insolvent, and the order for filing claims against the estate, made previous to the passage of the act just cited, it must therefore be governed by the law then in existence, which did not require such verification.
From the instrument offered in evidence, it appears, that the bill of exceptions therein recited, was drawn for the joint ben*925efit of all the parties to it, and that eách one, was interested in it, and entitled…
2Cases cited1 opinion
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
3Cited by8 opinions
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Crawford v. KirkseySupreme Court of Alabama · 1874
- King v. Cabiness' CreditorsSupreme Court of Alabama · 1847
- Boggs' Adm'r v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Shadden v. Sterling's Admr'sSupreme Court of Alabama · 1853
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