Legal Opinion

Curry's Administrator v. Bryant's administrator

Court of Appeals of Kentucky

Decided October 15, 1870PublishedCited by 3 opinions

Case 56 — PETITION ORDINARY APPEAL FROM ADAIR CIRCUIT COURT. CITED Civil Code, secs. 473 and 437, and amendment thereto. 2 Metcalfe, 254, Matthews v. Jones. CITED Revised Statutes, sections 35, 36, 37, chapter 37. 1 Metcalfe, 22, Rogers v. Mitchell’s ex’r. 2 Metcalfe, 254, Matthews v. Jones’s adm’r. Civil Code, section 473.

1Opinion of the Court

JUDG-E HARDIN

delivereb the opinion of the court.

This was an ordinary action under the provisions of the 437th section of the Civil Code of Practice for reviving *302against the appellee, as the administrator of Burton Bryant, deceased, a judgment which in the life-time of said decedent the appellant had recovered against him.

Upon an affidavit of the defendant suggesting the failure of the plaintiff before instituting the suit to make a demand of his claim, accompanied with the affidavit required by law of claimants against the estates of deceased persons, a rule was laid on the plaintiff to show…

2Cited by3 opinions

  1. Berry v. HopkinsCourt of Appeals of Kentucky · 1873
  2. Estate of Le Clerc, Superior Court of California, County of San Francisco1887
  3. Gray's Exrs. v. Patton's Admr.Court of Appeals of Kentucky · 1881

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