Legal Opinion

Hogan's Ex'r v. Calvert

Supreme Court of Alabama

Decided June 15, 1852PublishedCited by 7 opinions

Error to the Court of Probate of Mobile. On the 21st February, 1846, the estate of Charles Hammond was declared insolvent, and on tbe 20th August, 1846, a claim against said estate was filed by Benjamin B. Hogan, the testator of the plaintiff in error, for $4,186TW) predicated, according to the record, on five bills of exchange, drawn by Hammond on Saxon & Smith, in favor of Hogan & Hammond, and by them endorsed to Hogan in settlement of the business of the firm, and…

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Error to the Court of Probate of Mobile. On the 21st February, 1846, the estate of Charles Hammond was declared insolvent, and on tbe 20th August, 1846, a claim against said estate was filed by Benjamin B. Hogan, the testator of the plaintiff in error, for $4,186TW) predicated, according to the record, on five bills of exchange, drawn by Hammond on Saxon & Smith, in favor of Hogan & Hammond, and by them endorsed to Hogan in settlement of the business of the firm, and remaining unpaid, and another item which is thus stated: “Also the sum of $2,008, being the amount found by arbitration on the…

1Opinion of the CourtGrOLHTHWAITE, J.

— In tbe case of Bartol v. Calvert, Adm’r., at tbe present term, we decided that, under tbe statute of 1843, (Clay’s Digest, 194, §§ 10, 11,) no exceptions could be taken against a claim properly filed against an insolvent estate, going to tbe affidavit, or to tbe claim itself, unless such exceptions were filed within tbe time required by the provisions of that act; and that objections extending to the time of filing might be made at any time. This decision renders it unnecessary to consider tbe question presented as to tbe verification of tbe claim, tbe record showing affirmatively that it…

2Cases cited4 opinions

  1. Chace v. HinmanNew York Supreme Court · 1832
  2. In re NegusNew York Supreme Court · 1832
  3. Port v. JacksonNew York Supreme Court · 1819
  4. Bauer v. RothSupreme Court of Pennsylvania · 1833

3Cited by7 opinions

  1. Bank of Mobile v. DunnSupreme Court of Alabama · 1880
  2. Brown v. BurnumSupreme Court of Alabama · 1892
  3. Walker v. Wigginton's AdministratorSupreme Court of Alabama · 1874
  4. Peacey's Creditors v. Peacey's Adm'rSupreme Court of Alabama · 1855
  5. Sharp's Executors v. Herrin's Adm'rSupreme Court of Alabama · 1858

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