Thrash v. Sumwalt
Supreme Court of Alabama
Weit of Error to the Circuit Court of Dallas county. Assumpsit, by Sumwalt' against Thrash, as the administrator of Wood, on a note given by the intestate in his life time. The defendant pleaded, 1st. Non Assumpsit; on which there was a joinder. 2d. The statute of non claim, to which the plaintiff replied that the defendant did not make publication in the manner required by law.
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Weit of Error to the Circuit Court of Dallas county. Assumpsit, by Sumwalt' against Thrash, as the administrator of Wood, on a note given by the intestate in his life time. The defendant pleaded, 1st. Non Assumpsit; on which there was a joinder. 2d. The statute of non claim, to which the plaintiff replied that the defendant did not make publication in the manner required by law. The defendant demurred, but the Court held the replication good and overruled the demurrer: the defendant then made an issue of fact to the jury. 3d. That before the commencement of the suit, the defendant, as…
1Opinion of the CourtGoldthwaite, J.
Some reliance seems to be placed on the points raised by the first and last assignments of error; we shall therefore proceed to dispose of them before considering the more important question growing out of the plea of non claim.
1. The third plea we consider to be substantially bad, because the facts alleged by it do not discharge either the defendant, or his intestate’s estate, from liability to the plaintiff. An administrator is bound to a creditor in consequence of the assets which come to his hands to be administered; and a distributee has no claim *16whatever, until the demands of all…
2Cases cited5 opinions
- Edwards v. StateWashington Supreme Court · 1891
- M'Broom v. GovernorSupreme Court of Alabama · 1837
- Fairfax's v. FairfaxSupreme Court of the United States · 1809
- Darrington v. BorlandSupreme Court of Alabama · 1836
- Siglar and Nall, Administrators of William Nall, Deceased, in Error v. John Haywood, Public Treasurer of the State of North Carolina, in ErrorSupreme Court of the United States · 1823
3Cited by16 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
- Travis v. TarttSupreme Court of Alabama · 1845
- Coston v. CostonCourt of Appeals of Maryland · 1866
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