Hall v. Hudson
Supreme Court of Alabama
Error to the Court of Probate of Tuskaloosa. On the final settlement of the estate of James Hudson, deceased, which was had at a special term of the Orphans’ Court of Tuskaloosa County, on the second Monday in April, 1847, the presiding judge made out his decree of distribution, in which he decreed four hundred and seventeen dollars to the administrator of James Hudson, Junr. This decree was signed by the judge, and endorsed, “Decree in Est. of James Hudson, deceased.
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Error to the Court of Probate of Tuskaloosa. On the final settlement of the estate of James Hudson, deceased, which was had at a special term of the Orphans’ Court of Tuskaloosa County, on the second Monday in April, 1847, the presiding judge made out his decree of distribution, in which he decreed four hundred and seventeen dollars to the administrator of James Hudson, Junr. This decree was signed by the judge, and endorsed, “Decree in Est. of James Hudson, deceased. Piled 2d Monday April, 1847,” (the endorsement also being signed by him,) and filed among the papers of the cause in the…
1Opinion of the CourtGoldthwaite, J.
The legal issue upon the plea of nul tiel record was, in the opinion of the court, correctly determined. The Orphans’ Court was a court of record, and the entry of the judge, however full it might be, did not be*287come tbe judgment of the court until entered of record. 3 Blackstone’s Com. 24. The statute (Clay’s Digest, 304, § 42) was not intended to alter this rule, but to authorize the issue of executions against an executor or administrator for the amount decreed, after it had become the judgment of the court, as in case of judgments at law.
•' We do not, by this decision, determine that a…
2Cited by9 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Campbell v. BeyersSupreme Court of Alabama · 1914
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
- Zaner v. ThrowerSupreme Court of Alabama · 1919
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