Talbert v. Ellzey

Smith, C. J.,

delivered a dissenting opinion.

Boggan v. Scruggs, 200 Miss. 747, 29 So. (2d) 86, was correctly decided and should not be overruled provided claims of the character here under consideration should be probated in accordance with the requirements of Section 568, Code 1942. That ease simply followed Whitehead v. Puffer, 187 Miss. 193, 192 So. 566, where the many supporting authorities were cited.

■This claim is not one for unliquidated damages nor based on a contingent liability, but one which arose ex contractu during the life of the appellant’s intestate, though it did not become…