Askew v. Weissinger

This case, as it regards the jurisdiction of this court, is in the same condition as the case of Cawthorne v. Weissinger; but as the case has been argued upon its merits, it is proper we should express our opinion upon it. The 10th and 11th sections of the act of 1843, [Clay’s Dig. 194,] provide that an affidavit should be filed with the account in the clerk’s office against an insolvent estate, which if not contested within nine months after the estate is declared insolvent by the administrator, or the creditors in his name, should be sufficient proof of the account. That statute, however,…