Stevens v. Witter

1. Appeal: question not raised below. I. It is contended that this claim was not “filed and proved” within the twelve months, as provided by the statute, and hence it is barred. Code, section 2421. The claim ’ was filed within twelve months of the giving of the notice by the administrator, and proceedings actually begun 'to prove it up within the time, but not concluded until after the expiration of the twelve months. The claim was for three hundred and seventy-two dollars, being a balance said to be due on a contract made with the decedent for the erection of a dwelling house in the city of…