Laha v. Daly's Adm'r

Court of Appeals of Kentucky

Laha v. Daly's Adm'r

64 Ky. 221, 1 Bush 221, 1866 Ky. LEXIS 128

DecidedJanuary 24, 1866

StatusPublished

This text of 64 Ky. 221 (Laha v. Daly's Adm'r) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Laha v. Daly's Adm'r, 64 Ky. 221, 1 Bush 221, 1866 Ky. LEXIS 128 (Ky. Ct. App. 1866).

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Opinion

JUDGE WILLIAMS

delivered the opinion op the court :

The affidavit of Laha to his claims against decedent’s estate is a substantial compliance with the statute as to form and statements.

It is insisted, however, that the clerk who certified the affidavit had no legal authority to do so under sub-section 3, section 3, article 3, chapter 17, 1 Stanton's Revised Statutes, 250. But Civil Code, section 611, provides that affidavits may be made before a clerk of a court, and this whether pertaining to any matter concerning his office or pending in the court; and section 35, chapter 37, 1 Stanton's Revised Statutes, 509, especially requires that all demands against a decedent’s estate “ shall be verified by the written affidavit of the claimant.”

We think the Code fully authorizes clerks to administer the oath and certify the affidavit; consequently, the court erred in dismissing appellant’s petition on rule.

Wherefore, the judgment is reversed.

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JUDGE WILLIAMS

delivered the opinion op the court :

The affidavit of Laha to his claims against decedent’s estate is a substantial compliance with the statute as to form and statements.

It is insisted, however, that the clerk who certified the affidavit had no legal authority to do so under sub-section 3, section 3, article 3, chapter 17, 1 Stanton's Revised Statutes, 250. But Civil Code, section 611, provides that affidavits may be made before a clerk of a court, and this whether pertaining to any matter concerning his office or pending in the court; and section 35, chapter 37, 1 Stanton's Revised Statutes, 509, especially requires that all demands against a decedent’s estate “ shall be verified by the written affidavit of the claimant.”

We think the Code fully authorizes clerks to administer the oath and certify the affidavit; consequently, the court erred in dismissing appellant’s petition on rule.

Wherefore, the judgment is reversed.

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Bluebook (online)

64 Ky. 221, 1 Bush 221, 1866 Ky. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laha-v-dalys-admr-kyctapp-1866.