Erwin v. McGuire
Supreme Court of Alabama
Appeal from Circuit «Court of Wilcox. Tried before Hon. P.' O. Habpeb. This action was commenced on the 16th of February,, I860, by McGuire and Satterwhite, as administrators, &c.,. against B. H. Erwin and F. G. Tait, as executors of the last will of F. K. Beck, deceased, on a promissory note, made by defendants’ testator. The cause was continued generally until the spring term, 1869, when it was tried.
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Appeal from Circuit «Court of Wilcox. Tried before Hon. P.' O. Habpeb. This action was commenced on the 16th of February,, I860, by McGuire and Satterwhite, as administrators, &c.,. against B. H. Erwin and F. G. Tait, as executors of the last will of F. K. Beck, deceased, on a promissory note, made by defendants’ testator. The cause was continued generally until the spring term, 1869, when it was tried. On the 18th day of March, 1867, the estate of Beck was declared insolvent. On the trial, in this cause, the defendant’s filed five pleas, only the fourth of which need be noticed, and which is…
1Opinion of the CourtB. F. Saffold, J.
The issues presented arose on the trial of a suit by the appellees against the appellants, after the commencement of which the estate represented by the defendants was declared insolvent. A copy of the claim, verified by the attorney of the plaintiffs, was delivered by him to the clerk of the probate judge within the required time. The attorney testified in this case that, though to the best of his recollection the affidavit was in the prescribed form, he derived his information of the correctness of the demand from others, and did not know it to be correct himself.
The errors alleged are :…
2Cases cited4 opinions
- Flinn v. ShacklefordSupreme Court of Alabama · 1868
- Murdock v. Rousseau's AdministratorSupreme Court of Alabama · 1858
- McDougald's Adm'r v. Dawson'sSupreme Court of Alabama · 1857
- Wharton v. LittlefieldSupreme Court of Alabama · 1857
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