State ex rel. Pinney v. Williams
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before ílon. O. J. Semmbs. The petition in this cause was filed on the 26th October, 1881, and, on the 28th day of the same month, an alternative writ of mandamus was issued in accordance with the prayer of the petition. An answer was filed by the respondent to the writ, to which the relator demurred. The court overruled the •demurrer, and the relator then filed a replication.
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Appeal from the City Court of Mobile. Tried before ílon. O. J. Semmbs. The petition in this cause was filed on the 26th October, 1881, and, on the 28th day of the same month, an alternative writ of mandamus was issued in accordance with the prayer of the petition. An answer was filed by the respondent to the writ, to which the relator demurred. The court overruled the •demurrer, and the relator then filed a replication. The respond•ent interposed a demurrer to the replication, which was sustained by the court. The petition, answer and replication are ■.sufficiently set forth in the opinion.…
1Opinion of the Court
SOMEBYILLE, T.
This is a petition for the writ of mandamus against the judge of the probate court of Mobile, instituted by the relator, who shows an interest in the estate of one Solomon, of the settlement of which the probate court had taken jurisdiction. The averments of the petition show, that there had been a final settlement of the estate by the executor, one Werborn, after proper notice given as 'prescribed by the statute, on the 7th of May, 1881, and that the cause had been accordingly submitted to the probate judge for final judgment and decree, but that the court had' failed and…
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