Christopher v. Stewart
Supreme Court of Alabama
Appeal from the Probate Oourt of Etowah. Heard before the Hon. J. IT. Love.toy. On August 14th, 1900, R. L. Christopher, as guardian of Viva’and Estella Stewart, who were the sole heirs and' distributees of J. S. Stewart, deceased, filed a petition addressed to the judge of probate of Etowah county, in which he averred that said J. S. Stewart died in Etowah county on February 14, 1892; that letters of administration were granted upon his estate on May 12, 1892; that on…
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Appeal from the Probate Oourt of Etowah. Heard before the Hon. J. IT. Love.toy. On August 14th, 1900, R. L. Christopher, as guardian of Viva’and Estella Stewart, who were the sole heirs and' distributees of J. S. Stewart, deceased, filed a petition addressed to the judge of probate of Etowah county, in which he averred that said J. S. Stewart died in Etowah county on February 14, 1892; that letters of administration were granted upon his estate on May 12, 1892; that on November 3, 1892, said estate was declared insolvent, and on December 18, 1893, an administrator of said insolvent estate was…
1Opinion of the CourtSharpe, J.
Appellee advances the proposition that an appeal in this case is unauthorized, and we think it is correct. Appellant relies on subdivision 6 of section 458 of the Code, which provides among other things for an appeal “upon any issue as to. the allowance of any claim against insolvent estates.” 'The issues so mentioned are those which may be tried under section 313 of the Code whereunder “at ahy time within nine months [twelve months under the Code of 1886 here governing as to the limitation of time] after the declaration of insolvency, the administrator, or any creditor, heir, legatee,…
2Cases cited9 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Ex parte PearsonSupreme Court of Alabama · 1884
- Thames v. HerbertSupreme Court of Alabama · 1878
- State v. HewlettSupreme Court of Alabama · 1899
- Bartol v. CalvertSupreme Court of Alabama · 1852
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