Sheffield Oil Mill v. Pool
Supreme Court of Alabama
Contest of Settlement of Estate. Appeal from Lawrence Probate Court. Heard before Hon. J. C. Kumpf. In the matter of the settlement of the insolvent estate of Gabe Pool, deceased. The Sheffield Oil Mill and other creditors intervened, to have certain funds obtained from life insurance accounted for. From a decree overruling their contention, they appeal.
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Contest of Settlement of Estate. Appeal from Lawrence Probate Court. Heard before Hon. J. C. Kumpf. In the matter of the settlement of the insolvent estate of Gabe Pool, deceased. The Sheffield Oil Mill and other creditors intervened, to have certain funds obtained from life insurance accounted for. From a decree overruling their contention, they appeal. Gahe Pool’s life was insured in a certain insurance company for $5,000, and in another for $500; both policies being payable to his estate. His administratrix collected these sums, and on final settlement failed to account for the same,…
1Opinion of the CourtAnderson, J.
This appeal involves the validity of section 32 of the act of 1897, as set out in chapter 63 of the Code of 1896, but which did not become a part of said Code. This section was considered and upheld in the case of Rayford v. Faulk, 154 Ala. 285, 45 South. 714. And we are called upon to overrule said case upon the theory that said section 32 is violative of section 2, art. 4, of the Constitution of 1875. “Where the subject may be comprehended in the title the act should be upheld.” — Griffin v. Drennen, 145 Ala. 128, 40 South. 1026. The inquiry therefore is: Can section 32 be construed so as…
2Cases cited7 opinions
- Griffin v. DrennenSupreme Court of Alabama · 1906
- Huffstutler v. Louisville Packing Co.Supreme Court of Alabama · 1908
- Rayford v. FaulkSupreme Court of Alabama · 1908
- Mitchell v. AllisSupreme Court of Alabama · 1908
- Traub v. FabianSupreme Court of Alabama · 1909
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3Cited by6 opinions
- Dunn v. DeanSupreme Court of Alabama · 1916
- Lovejoy v. City of MontgomerySupreme Court of Alabama · 1913
- Birmingham-Tuscaloosa Railway & Utilities Co. v. CarpenterSupreme Court of Alabama · 1915
- State ex rel. Mims v. BuggSupreme Court of Alabama · 1916
- In Re BeckmanDistrict Court, N.D. Alabama · 1943
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