Legal Opinion

Trowbridge, Dwight & Co. v. Pinckard's Administrator

Supreme Court of Alabama

Decided January 15, 1858PublishedCited by 1 opinion

Appeal from the Probate Court of Sumter. IN the matter of the estate of John M. Pinckard, deceased, which was declared insolvent by said probate court, (but at what time the record does not show,) and against which a claim was filed by the appellants, within the time allowed by the statute.

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Appeal from the Probate Court of Sumter. IN the matter of the estate of John M. Pinckard, deceased, which was declared insolvent by said probate court, (but at what time the record does not show,) and against which a claim was filed by the appellants, within the time allowed by the statute. This claim consisted of a promissory note for $848 52, dated New "York, March 18,1854, payable twelve months after date, and signed by said Pinckard; together with a certificate of protest for nonpayment, and the affidavit of one E. P. Wichman, in these words: “ I, E. P. Wichman, of the city of New York,…

1Opinion of the CourtStone, J.

— The language of the witness by whom the claim was verified, is positive. His affidavit cannot be true, unless he “ knows the correctness of the claim, and that the same is due.” We think it complies with the statute. — Code, § 1847.

The decree of the probate court is reversed, and the cause remanded.

2Cited by1 opinion

  1. Bell's Adm'r v. AndrewsSupreme Court of Alabama · 1859

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