Supreme Court of Alabama June 15, 1848 (Dilbone v. Moorer)

COLLIER, C. J.

If the question were res integra, whether the institution of a suit against an administrator, and voluntarily submitting to a non-suit, was a sufficient presentation of the claim, so as to prevent the bar of the statute of non-claim from being successfully pleaded to a subsequent action, we should be inclined to hold the affirmative.