Williams v. McConico
Supreme Court of Alabama
Appeal from the Court of Probate of Sumter. Mes. Eliza A. Williams, the appellant, having made application for letters of administration on the estate of her deceased husband, James 0. Williams, the guardian ad litem, of the decedent’s minor heirs appeared, and contested her right to administer on the ground of her unfitness.
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Appeal from the Court of Probate of Sumter. Mes. Eliza A. Williams, the appellant, having made application for letters of administration on the estate of her deceased husband, James 0. Williams, the guardian ad litem, of the decedent’s minor heirs appeared, and contested her right to administer on the ground of her unfitness. On the trial of this issue, the applicant proved tho death of said James 0. Williams, that she was Ms widow, and that she was over twenty-one years of age, and a resident of this State. The contestant then introduced evidence, showing that the applicant had separated…
1Opinion of the CourtG-.oldthwaite, J.
In relation to the objections which have been urged against the appeal bond, it is only necessary to say, that under the law regulating this appeal (Code, § 1898), security for the costs only was required; and in such cases a simple acknowledgment in writing is all that is necessary, to the effect that the surety acknowledges himself security for the costs of the appeal. — Riddle v. Hanna, 25 Ala. 484. Here, the obligation is to pay the costs of the appeal, which is described with sufficient certainty, and it was approved by the proper officer, as his amended return shows, at the time the…
2Cases cited2 opinions
- Riddle v. HannaSupreme Court of Alabama · 1854
- Alexander v. FitzpatrickSupreme Court of Alabama · 1837
3Cited by17 opinions
- Ex Parte HolladaySupreme Court of Alabama · 1985
- Kidd v. BatesSupreme Court of Alabama · 1897
- Sailors' Union of the Pacific v. Hammond Lumber Co.Court of Appeals for the Ninth Circuit · 1907
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Crommelin v. RaoullSupreme Court of Alabama · 1910
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