Stevens v. D. R. Dunlap Mercantile Co.
Mississippi Supreme Court
Appeal from the chancery court of George county. Hon. H. P. Heidelberg, Special Chancellor. Petition by John C. Stevens, administrator of J. B. Stevens, deceased, against D. R. Dunlap Mercantile Company. From a decree of dismissal, rendered on ■sustaining a demurrer to the petition, petitioner appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of George county. Hon. H. P. Heidelberg, Special Chancellor. Petition by John C. Stevens, administrator of J. B. Stevens, deceased, against D. R. Dunlap Mercantile Company. From a decree of dismissal, rendered on ■sustaining a demurrer to the petition, petitioner appeals. The facts are fully stated in the opinion of the court. Since the appellant has filed its brief in this case, the •decision in the case of Cohn v. McClintock, 66 So. 217 has been rendered. If any further authority was necessary, this case effectually and forever disposes of the ■contention of…
1Opinion of the CourtEeed, J.
Appellant, administrator with the will annexed of the estate of J. B. Stevens, filed his petition in the chancery court, averring that the claim of appellee *699-against the estate of deceased had not been probated in the manner required by law, and that the presentation of the claim to him as administrator is not ■sufficient in law to authorize him to pay it out of the funds of the estate. He prayed that the claim be dis•allowed. The chancellor sustained a demurrer filed by appellee and dismissed the petition, and appellant Thereupon prosecuted his appeal to this court.
It is contended that the…
2Cases cited5 opinions
- Cheairs' Executors v. Cheairs' AdministratorsMississippi Supreme Court · 1902
- Davis v. BlumenbergMississippi Supreme Court · 1914
- Cudahy Packing Co. v. Miller's EstateMississippi Supreme Court · 1912
- Cohn v. McClintockMississippi Supreme Court · 1914
- Marshall v. John Deere Plow Co.Mississippi Supreme Court · 1911
3Cited by9 opinions
- Rogers v. RosenstockMississippi Supreme Court · 1918
- Bigleben v. HenryMississippi Supreme Court · 1944
- Jennings v. Lowery BerryMississippi Supreme Court · 1927
- Deposit Guaranty Bank & Trust Co. v. Jordan's EstateMississippi Supreme Court · 1934
- Ethridge v. Estate of PaulMississippi Supreme Court · 1967
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