Harris v. Martin
Supreme Court of Alabama
Writ of Error to the Orphans’ Court at Montgomery. So far as the nature of this proceeding can be ascertained from the transcript sent to this court, it may be thus stated: Martin, as the administrator of the estate of Joseph Fitzpatrick, presented his accounts and vouchers to the Judge of the County Court for settlement, and thereupon, on the 9th July, 1845, an order of publication was directed, for all persons interested in the estate to appear and show cause, on the 10th…
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Writ of Error to the Orphans’ Court at Montgomery. So far as the nature of this proceeding can be ascertained from the transcript sent to this court, it may be thus stated: Martin, as the administrator of the estate of Joseph Fitzpatrick, presented his accounts and vouchers to the Judge of the County Court for settlement, and thereupon, on the 9th July, 1845, an order of publication was directed, for all persons interested in the estate to appear and show cause, on the 10th September, afterwards, why the said account should not be stated and allowed. The matter was afterwards continued to the…
1Opinion of the CourtGoldthwaite, J.
1. In the brief submitted since the argument, it is conceded this case, so far as the issue is connected with it, cannot be distinguished from other cases recently decided. We are clear in that* opinion; it is the in*899solvency of the estate which the creditors are allowed to contest with the administrator, in the first instance, and when that is ascertained or adjudged, the administrator or any creditor may contest the claim of any other creditor, whose claim is filed in the manner required by the act. [Dig. 192, § 4; 194, § 11.[
It is quite evident the demand of the administrator for…
2Cases cited1 opinion
- Bethea v. McCollSupreme Court of Alabama · 1843
3Cited by17 opinions
- Dent v. FoySupreme Court of Alabama · 1925
- Clark v. KnoxSupreme Court of Alabama · 1881
- Teague v. CorbittSupreme Court of Alabama · 1877
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
- Gould v. HaysSupreme Court of Alabama · 1854
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