Bowman v. Bowman's Admr.
Bowman v. Bowman's Admr.
Opinion of the Court
Opinion by
Appellants complain that the commission allowed the administrators of 7 per cent, on the amount collected of his intestate is too liberal.
Wilson & Field, after having presented an account for services as follows: Geo. Bowman’s Admr. to Wilson & Field, Dr. For bringing suit to settle the estate of G. W. Bowman, preparing claims of Bowman’s estate against other estates, and advice to administrator concerning claims against the estate, and advice in reference to the general estate and examination of claims against the estate $200, which was allowed in the report of debts made by the commissioner in April, 1864. On the 11th of June, 1869, it appears that A. H. Field, Esq., filed an additional claim, which is as follows: “To additional services in management of and conducting suit of G. W. Bowman's Administrator v. H.”
This claim was rejected by the master, Field excepted to the report, the exceptions were sustained by the court below and an allowance made to Wm. Wilson of $50 and to A. H. Field $150, in the judgment, and of these two allowances appellants complain.
The first allowance embraced their claim for bringing the suit and prosecuting it to the time when the allowance was made —other services were doubtless rendered by them valuable to
More than three years had elapsed from the payment of the debts of R. H. Field before the administrator made an effort to reclaim the usury included in the notes; And Field has pleaded, and relies on the statute of limitations as a bar, which plea must be available to bar the claim even if it had been satisfactorily made out. Myer’s Supp. 292. The act referred to was approved the 17th of March, 1862, and took effect from its passage. But the judgment so far as Carpenter is allowed 7 per cent, for commissions is reversed and the cause is remanded for further proceedings consistent herewith.
The judgment on the appeal of Bowman’s administrator against R. H. Field is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.