Merrill v. Jones
Supreme Court of Alabama
Error to the Circuit court of Covington county. Writ of error to the Orphan’s court, tried by Cren-shaw, J. In this case, there were two assignments of error— one iu the Circuit court, and another in this court.
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Error to the Circuit court of Covington county. Writ of error to the Orphan’s court, tried by Cren-shaw, J. In this case, there were two assignments of error— one iu the Circuit court, and another in this court. One of the distributees of the estate of an intestate, alleged in the County court of said county, that the administrator had not made a true and complete inventory of the personal property of the intestate, but had omitted to return sundry negroes and other property, and that the administrator had by force, carried away from the premises of the deceased, the said negroes, without-the…
1Opinion of the CourtGoldthwaite, J.
— The second assignment of errors, we think, is decisive of this case. It questions the jurisdiction of the Circuit court, and denies its authority to reverse or affirm the particular decree rendered by the County court on the matter then before it, because it is not a final judgment.
The statute provides, that from any judgment or order final, whether in vacation or term time, an appeal or writ of error shall lie to the Circuit or Supreme court, in the same manner as upon judgments of the Circuit courts —(Aik. Dig. 246.) it is, therefore, clear, if the judgment of the County court on the…
2Cases cited2 opinions
- Sullivan v. Fulton Steam Boat Co.Supreme Court of the United States · 1821
- Winchester v. JACKSON AND OTHERSSupreme Court of the United States · 1806
3Cited by5 opinions
- Thompson v. LeaSupreme Court of Alabama · 1856
- Mims v. SturdevantSupreme Court of Alabama · 1860
- Richards v. GriffinSupreme Court of Alabama · 1843
- Turner's Adm'r v. WhittenSupreme Court of Alabama · 1867
- Watson v. MaySupreme Court of Alabama · 1844