Ellis v. Smith
Supreme Court of Alabama
Appeal from Chambers Probate Court. Note by the Reporter. — These two cases are almost identical in their facts and the questions of law which they present, and were heard and decided at the same time in the Supreme Court, by consent. A statement of one case only is, therefore, here set out. This was a petition for a supersedeas, by Langdon Ellis against Simeon B. Smith.
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Appeal from Chambers Probate Court. Note by the Reporter. — These two cases are almost identical in their facts and the questions of law which they present, and were heard and decided at the same time in the Supreme Court, by consent. A statement of one case only is, therefore, here set out. This was a petition for a supersedeas, by Langdon Ellis against Simeon B. Smith. Said petition addressed to John Appleby, probate judge of Chambers county, is in these words: “ The petition of Langdon Ellis, respectfully states to your honor, that on or about the 11th day of January, A. D.j 1864, your…
1Opinion of the CourtByrd, J.
These eases present the same questions, and upon the authority and reasoning of the following adjudications, we must affirm the decision of the probate judge in each case: — Bobo et al. v. Thompson, 3 Stew. & Porter, 385 : Randolph v. Ringgold et al., 5 Eng. (Ark.) 279 ; Trumbull v. Nicholson, 26 Ill. 149; Cook & Lampkin v. Bloodgood, 7 Ala. 683 ; Armstrong v. Garrow, 6 Cow. 465; Catlett v. Alexander, 4 How. (Miss.) 404 ; Morton et al. v. Walker, 7 ib. 554; Gasquet et al. v. Warren et al., 2 Sme. & Mar. 514; Wood et al. v. Robinson, Ex’r., &c., 3 ib. 271; Ankeletons v. Torrey, 7 ib. 467 ;…
2Cases cited8 opinions
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- State ex rel. Claunch v. CastleberrySupreme Court of Alabama · 1853
- Lyon v. State BankSupreme Court of Alabama · 1828
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
- West, Oliver & Co. v. BallSupreme Court of Alabama · 1847
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3Cited by8 opinions
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- Meyer v. City of San DiegoCalifornia Supreme Court · 1898
- De Moville v. Merchants & Farmers BankSupreme Court of Alabama · 1939
- Medlin v. TaylorSupreme Court of Alabama · 1893
- Collins v. HammockSupreme Court of Alabama · 1877
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