Phillips v. Smith
Supreme Court of Alabama
Appeal from Tallapoosa Probate Court. This was an application by the appellee, Smith, to compel tbe appellant, Sarah Phillips, as executrix of James D. Phillips, deceased, to give bond and security as such executrix, the will of tbe testator having exempted her from giving any bond. Petitioner alleged that he was a creditor, and that his interests were endangered for want of such bond.
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Appeal from Tallapoosa Probate Court. This was an application by the appellee, Smith, to compel tbe appellant, Sarah Phillips, as executrix of James D. Phillips, deceased, to give bond and security as such executrix, the will of tbe testator having exempted her from giving any bond. Petitioner alleged that he was a creditor, and that his interests were endangered for want of such bond. The Probate Court, on the first hearing of the application, dismissed the petition; which judgment was reversed by this court, at the December term, 1875, and the cause remanded. See report of the case, (Smith…
1Opinion of the CourtBrickell, C. J.
The case is involved by a singular confusion of unnecessary pleading, consisting of a plea in abatement, motions to strike pleadings from the file, demurrers and pleas in bar, accompanied by numerous objections to the admission of evidence. We decline to travel through the record, searching out the various rulings of the Court of Probate, and determining whether each of these are strictly correct, or whether any of them would furnish ground of reversal, if they had been made in another tribunal, in a different proceeding, governed by different rules, which have but little *578application to…
2Cases cited1 opinion
- Smith v. PhillipsSupreme Court of Alabama · 1875
3Cited by2 opinions
- Allen v. DraperSupreme Court of Alabama · 1893
- Byrd v. JonesSupreme Court of Alabama · 1887