Trabue's v. Harris
Court of Appeals of Kentucky
CASE 50 — PETITION ORDINARY ArrEAL FROM ADAIR CIRCUIT COURT. Judgment was rendered in favor of Harris against Trabue’s executor for $244 12, from which the executor prosecutes this appeal.
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CASE 50 — PETITION ORDINARY ArrEAL FROM ADAIR CIRCUIT COURT. Judgment was rendered in favor of Harris against Trabue’s executor for $244 12, from which the executor prosecutes this appeal. The affidavit of the claimant and the proof of the account are not sufficient. {Revised Statutes, secs. 35 and 36, p. 340.) There was no demand of the executor accompanied by the required affidavit. {Rev. Stat., 340, secs. 35, 36,37; Civil Code, sec. 473.) The affidavit fails to state that there is no discount against the debt. The account should have been proved. The affidavit of the witness, founded upon…
1Opinion of the CourtChief Justice Simpson
Two questions arise in this case. First: was the affidavit which was made by the plaintiff in the action, in verification of his demand against the estate of the decedent, sufficient according to the requisitions of the statute ? Second : was it necessary to accompany'the demand which the law requires the creditor to make of the personal representative, before an action is brought against him, with other proof of the debt, as well as with the affidavit of the claimant?
First. The plaintiff stated in his affidavit that his account against the decedent “was just and due him, and was wholly…
2Cited by5 opinions
- DuLaurans v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
- Nutall's adm'r v. Brannin's ex'rsCourt of Appeals of Kentucky · 1868
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887
- Laughlin's Adm'r v. Owingsville & Mt. Sterling Tpk. Co.Court of Appeals of Kentucky · 1880
- McKnoll v. Wear's Admr.Court of Appeals of Kentucky · 1867