Morrissett v. Carr
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. U. Sayre. This was an action of assumpsit brought by the appellee, G. W. Carr, against E. P. Morrissett, as exe: cutor of B. L. Barksdale, deceased] and sought to recover an amount alleged to be due the plaintiff from the defendant’s testator. The complaint contained the common counts.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. U. Sayre. This was an action of assumpsit brought by the appellee, G. W. Carr, against E. P. Morrissett, as exe: cutor of B. L. Barksdale, deceased] and sought to recover an amount alleged to be due the plaintiff from the defendant’s testator. The complaint contained the common counts. The defendant pleaded the general issue and the following special pleas: “5. Defendant says that the plaintiff’s claim here sued on was not presented within twelve months after the same had. accrued or within twelve months after letters on said…
1Opinion of the CourtLiHARPE, J.
Before tíie act of December 9, 1896, the time 'allowed by statute for presenting or filing claims against a decedent’s estate, was eighteen months from the accrual of the claim or from the grant of letters testamentary or of administration. The act referred to amended the former statute by changing that period to twelve months.- — Code, § 130.
The pleas we -are considering do not negative the fact that the claim in suit was filed within the time prescribed by the former statute and within twelve months after it was amended. They do show that before the claim was filed or presented more than…
2Cases cited5 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Martin v. MartinSupreme Court of Alabama · 1860
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- Ivey v. BlumSupreme Court of Alabama · 1875
- Aycock v. JohnsonSupreme Court of Alabama · 1898
3Cited by1 opinion
- Wood v. LettSupreme Court of Alabama · 1916