Brasher v. Lyle
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Shelby. Before his honor W. G. Bowdon. The defendants in error filed several claims against the estate of the plaintiffs’ intestate, which had been declared insolvent, one of which was an open account for $45 22. To the allowance of these claims, the administrators objected in writing — 1. Beeause they were not due to the pretended creditors, and have been fully paid. 2. Beeause they were not verified by the affidavit of the creditors,…
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Writ of Error to the Orphans’ Court of Shelby. Before his honor W. G. Bowdon. The defendants in error filed several claims against the estate of the plaintiffs’ intestate, which had been declared insolvent, one of which was an open account for $45 22. To the allowance of these claims, the administrators objected in writing — 1. Beeause they were not due to the pretended creditors, and have been fully paid. 2. Beeause they were not verified by the affidavit of the creditors, and filed with the clerk within six months after the estate was declared insolvent. An issue being made up as directed…
1Opinion of the CourtCollier, C. J.
The act of 1843, to “ amend the laws now in force in relation to insolvent estates,” requires that *525claims shall be filed against insolvent estates, in the clerk’s office of the orphans’ court, within six months after the same is declared insolvent; and that such claim shall be verified by the affidavit of the claimant: Further, within nine months after an estate is declared insolvent, the administrator or any creditor may object to any claim filed against the estate — an issue shall be made up and tried, and the unsuccessful party shall pay all costs. Clay’s Dig. 194, § 10, 11. Under this…
2Cases cited1 opinion
- Shortridge v. EasleySupreme Court of Alabama · 1846
3Cited by3 opinions
- Carhart, Bros. & Co. v. Clark's Adm'rSupreme Court of Alabama · 1858
- Sharp's Executors v. Herrin's Adm'rSupreme Court of Alabama · 1858
- Woodruff v. WinstonSupreme Court of Alabama · 1880