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CLARY v. CASSELS

6 Div. 89.

61 So.2d 692 (1952)

CLARY v. CASSELS.

Supreme Court of Alabama.

November 20, 1952.

Attorney(s) appearing for the Case

Chas. W. Greer and McGowen & McGowen, all of Birmingham, for appellant.

Kingman C. Shelburne, H. L. Anderton and Chas. T. Emmett, Jr., all of Birmingham, for appellee.

GOODWYN, Justice.

This proceeding involves a disputed claim against a solvent estate under the provisions of Code 1940, Tit. 61, § 216, as amended by Act No. 324, approved July 1, 1943, Gen.Acts 1943, p. 308.

The probate court allowed the claim, and an effort was made on behalf of the executor to take an appeal to the circuit court. The claimant filed in the circuit court his "objections to trial and motion for discontinuance," which the court overruled...

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