Rutherford's Adm'rs v. Br. Bank at Mobile
Supreme Court of Alabama
Error to the Orphans’ Court of Dallas. On the final settlement of the estate of William Rutherford, deceased, which had been declared insolvent on the 14th day of July, 1845, the defendant in error presented for allowance, as a claim as against said estate, a note made by William Bower, William Rutherford, John J. Greening, and H. W. Coleman, dated 10th December, 1842, payable twelve months after date, to B. Gayle, cashier, or bearer, for $19,-899 44, with interest from…
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Error to the Orphans’ Court of Dallas. On the final settlement of the estate of William Rutherford, deceased, which had been declared insolvent on the 14th day of July, 1845, the defendant in error presented for allowance, as a claim as against said estate, a note made by William Bower, William Rutherford, John J. Greening, and H. W. Coleman, dated 10th December, 1842, payable twelve months after date, to B. Gayle, cashier, or bearer, for $19,-899 44, with interest from date, negotiable and payable at said Branch Bank; said note was filed as the property of the bank, but at the time of the…
1Opinion of the CourtDargan, J.
The first question presented by the assignment of errors, is, was the claim filed in the office of the clerk of the orphans’ court, within the time prescribed by law?
By the act of 1843, every person having a claim against an insolvent estate shall file the same in the office of the clerk, within six months after the estate is declared insolvent. On the 14th day of July, 1845, the estate of Rutherford was declared insolvent, and in November, 1845, the note was presented to the elerk by the attorney of the bank, who stated that he wished then to file it, as a claim against said estate. The…
2Cases cited6 opinions
- Garrow v. CarpenterSupreme Court of Alabama · 1835
- Posey v. Decatur BankSupreme Court of Alabama · 1848
- Hunley's Exr'x v. ShufordSupreme Court of Alabama · 1847
- Vastbinder v. MetcalfSupreme Court of Alabama · 1841
- Brown & Co. v. EaslySupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Byars v. JamesSupreme Court of Alabama · 1922
- Thornton v. MooreSupreme Court of Alabama · 1878
- McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910
- Ransom v. QuarlesSupreme Court of Alabama · 1849