Supreme Court of Alabama, 1859

Dennis v. Coker's Adm'r

Dennis v. Coker's Adm'r
Supreme Court of Alabama · Decided June 15, 1859 · Walnee
34 Ala. 611

Dennis v. Coker's Adm'r

Opinion of the Court

E. W. WALNEE, J.

Under the rule adopted in Pickell v. Ezell, 27 Ala. 623, we must hold, that the affidavit of J. B. Dennis, and the original affidavit of Longmire, do not properly verify the claim of the appellants. — See, also, Lay v. Clark, 31 Ala. 409.

[1.] The subsequent affidavits, made in April, 1858, can have no influence on the case. The act of February 6th, 1858, (Acts ’57-8, p. 37,) does not apply, where the nine months after the estate was'declared insolvent had expired before the statute was enacted.

The decree of the probate court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.