Section 43-2-62
Penalty for failure to give notice.
It is the duty of the judge of probate to see that such publication is duly made; and any executor or administrator failing to make the same must not be allowed any compensation as such; and he and his sureties are liable, on proof that such notice has not been given, to any creditor for the amount which he would have been entitled to out of the assets of the estate had his claim been duly presented.
(Code 1852, §1736; Code 1867, §2059; Code 1876, §2428; Code 1886, §2077; Code 1896, §124; Code 1907, §2588; Code 1923, §5813; Code 1940, T. 61, §95.)