Brown & Co. v. Easly
Supreme Court of Alabama
Error to the Orphans Court of Talladega. The estate of Eli Shortridge being reported insolvent, by the defendant in error, and an order made for the creditors to file their claims, the plaintiffs in error filed an account in the clerk’s office, against the estate, within the time prescribed by law, and verified by affidavit, but not by the oath of the plaintiff.
Read the full summary
Error to the Orphans Court of Talladega. The estate of Eli Shortridge being reported insolvent, by the defendant in error, and an order made for the creditors to file their claims, the plaintiffs in error filed an account in the clerk’s office, against the estate, within the time prescribed by law, and verified by affidavit, but not by the oath of the plaintiff. The administrator filed an objection to the allowance of the account, because it was not verified by the oath of the plaintiff, and thereupon, but after the time for filing such claims had elapsed, one of the plaintiffs made affidavit…
1Opinion of the CourtOrmond, J.
In Hollinger v. Holley, 8 Ala. Rep, 454, it was held, that a claim filed within the time required by law could not be rejected for want of an affidavit, unless an exception was taken to the claim, in the mode pointed out by the act. It results necessarily from this decision, that the want of an affidavit by the claimant, within the six months allowed for filing claims, is not a sufficient reason for rejecting the claim,, because the necessity for such affidavit only becomes necessary by an exception taken by the administrator, or hy a creditor, and this may be taken at any time within three…
2Cited by2 opinions
- Rutherford's Adm'rs v. Br. Bank at MobileSupreme Court of Alabama · 1848
- Lapsley v. GoldsbySupreme Court of Alabama · 1848