P. & M. Bank of Mobile v. Smith
Supreme Court of Alabama
Error to the Orphans’ Court of Mobile. The estate of Alexander J. Jude was declared insolvent on the 7th April, 1847, and on the same day the plaintiff in error filed its claim, with an affidavit made by F. S. Owen, the secretary of the board, and the principal executive officer of the institution. At a subsequent date, on the 16th August, 1847, the same claim, with the same affidavit was filed.
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Error to the Orphans’ Court of Mobile. The estate of Alexander J. Jude was declared insolvent on the 7th April, 1847, and on the same day the plaintiff in error filed its claim, with an affidavit made by F. S. Owen, the secretary of the board, and the principal executive officer of the institution. At a subsequent date, on the 16th August, 1847, the same claim, with the same affidavit was filed. The court rejected the claim, because the affidavit had been taken before the decree of insolvency was made, and refused to permit the affidavit to be amended, and sworn to, by the commissioners, or…
1Opinion of the Court
COLLIER, O. J.
It has been held, that a claim against the estate of a deceased person, which is adjudged insolvent, need not be verified by affidavit within the time prescribed by the act of 1843, for filing such claims. The creditor, as a matter of right, may make the affidavit, if the administrator, or other creditors, object the want of it, “ any time before the estate is by the statute, set for final settlementand it is within the discretion of the court to permit an affidavit to be filed afterwards, if a decree has not been rendered di*418recting distribution amongst the creditors. So where…
2Cases cited2 opinions
- Hollinger v. HollySupreme Court of Alabama · 1845
- Rowdon v. YoungSupreme Court of Alabama · 1847