Nooe's v. Garner's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. W. B. Wood. In the matter of the insolvent estate of A. L. Garner, deceased, which was declared insolvent by the Probate Court of said county on the 19th April, D69, and against which a claim was filed on the 27th September, 1869, in favor of “the estate of John A. Nooe, deceased.”
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Appeal from the Circuit Court of Franklin. Tried before the Hon. W. B. Wood. In the matter of the insolvent estate of A. L. Garner, deceased, which was declared insolvent by the Probate Court of said county on the 19th April, D69, and against which a claim was filed on the 27th September, 1869, in favor of “the estate of John A. Nooe, deceased.” The claim was verified by the affidavit of L. B. Thornton, and consisted of a single item, which was thus expressed: “December 27,1859. To fees in Prewitt and Garner case, in Chancery Court, and Supreme Court of Alabama, agreed upon, $3,500.”…
1Opinion of the CourtStone, J.
The controlling question in this cause is one of fact, and involves the revision of a finding on testimony. Our former decisions have declared three rules, from which we have no wish to depart:
Pirst: When a contest of fact, properly triable before a jury, is, by consent, submitted to the judge presiding for decision. In this class of cases, this court will not review the finding of the judge on the facts, an.y more than it would the *447finding of a jury. It is not assignable as error.—Etheridge v. Malempre, 18 Ala. 565 ; Barnes v. Mayor, 19 Ala. 707; Bott v. McCoy, 20 Ala. 578; De Vendell v.…
2Cases cited18 opinions
- Ex parte McAnallySupreme Court of Alabama · 1875
- Ex parte NettlesSupreme Court of Alabama · 1877
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
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3Cited by44 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Andrews v. GreySupreme Court of Alabama · 1917
- Fuller v. FullerSupreme Court of Florida · 1887
- Jaques v. HortonSupreme Court of Alabama · 1884
- Green v. StateSupreme Court of Alabama · 1882
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