Lapsley v. Goldsby
Supreme Court of Alabama
Error to the Orphans’ Court of Dallas. The estate of William Rutherford being declared insolvent on the 14th July, 1845, certain claims were filed in the clerk’s office against said estate, on the 3d May, 1845, and on the 9th March, 1846, the plaintiffs in error filed a written exception to the allowance of these claims, because not verified by affidavit.
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Error to the Orphans’ Court of Dallas. The estate of William Rutherford being declared insolvent on the 14th July, 1845, certain claims were filed in the clerk’s office against said estate, on the 3d May, 1845, and on the 9th March, 1846, the plaintiffs in error filed a written exception to the allowance of these claims, because not verified by affidavit. At the September term of the court, the cause was set for hearing, of which due notice was given; and objection being made to the allowance of said claims for want of the necessary affidavit, the claims were rejected, the judge of the…
1Opinion of the CourtCollier, C. J.
1. It is objected that the claim filed against the insolvent estate, was not verified by affidavit within the time prescribed by the act of 1843 for filing such claims. In Hollinger v. Holley, 8 Ala. Rep. 454, it was decided that a claim filed within the time prescribed by the statute, could not be rejected for want of an affidavit, unless an exception was taken'to the claim. And in Brown & Co. v. Easley, 10 Ala. Rep. 564, we said, “ The statute allows six months for filing claims, but does not in terms require an affidavit to be made by the claimant within, that period. Three months longer…
2Cases cited3 opinions
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Hollinger v. HollySupreme Court of Alabama · 1845
- Brown & Co. v. EaslySupreme Court of Alabama · 1846