Dillard & Coffin Co. v. Woollard

Citations

• 124 Miss. 677
• 87 So. 148

Syllabus

<p>1. Executors and Administrators. Act requiring claims to be probated ivithin one year refers to■ claims 'on which suit has not been brought during decedent’.s lifetime.</p> <p>Section 2107, Code of 1906 (Hemingway’s Code, section 1775), requiring all claims against the estate of a deceased person to be “registered, probated and allowed . . . within one year, . otherwise the same shall be barred,” refers only to claims upon which suit has not been instituted during the lifetime of the deceased.</p> <p>2. Executors and Administrators. Suit against deceased defendant may proceed to judgment without probating claim against estate.</p> <p>Under section 2093, Code of 1906 (Hemingway’s Code, section 1760), upon the death of defendant, where the executor or1 administrator has been served with a scire facias or summons, the suit may be proceeded with to final Judgment without the clam being probated against the estate of the decedent. The scire facias or summons served on the executor does not make it a new suit, but it is merely a proceeding in the original suit.</p> <p>3. Statutes. Each of several sections adopted at the same time must be given effect, if possible.</p> <p>Sections 2093, 2105-2108 (Hemingway’s Code, sections 1760, 1773-1776), were adopted at the same time as a part of the Code of 1906. It is the duty of the court, in construing them, to give force and effect .to each and every one of these sections, if such a reasonable construction be possible.</p>