Trawick's Heirs v. Trawick's Adm'rs
Supreme Court of Alabama
Petition in Probate Court by Heirs to compel Administrators to malee Final Settlement. Appeal from Henry Probate Court, Heard before Hon. J. W. Poster, Register in Chancery, the Probate Judge being disqualified to try the case.
Read the full summary
Petition in Probate Court by Heirs to compel Administrators to malee Final Settlement. Appeal from Henry Probate Court, Heard before Hon. J. W. Poster, Register in Chancery, the Probate Judge being disqualified to try the case. On December 26, 1878, appellants, who are the children of P. D. Trawick, deceased, presented their petition to the judge of probate of Henry county, praying that G. N. and M. R. Trawick be cited to make a final settlement, as administrators of the estate of said F. D. Trawick. The petition alleged that said administrators made what purported to be a final settlement of…
1Opinion of the CourtStone, J.
— It is settled in this State, that a judgment rendered by a judge, who is related to any of the parties in interest, within the fourth degree, is not, for that reason, void. — Hine v. Hussey, 45 Ala. 496; Hayes v. Collier, 47 Ala. 726. Referring to these two decisions, Brickell, C. J., in Plowman v. Henderson, 59 Ala. 559, said : “ If we had doubts, even grave, of the correctness of these decisions, we could not be justified in departing from them.” Such decision, by a judge thus related, is reversible, or voidable ; but can not be set aside on collateral assault. — Freeman on Judgments,…
2Cases cited9 opinions
- Hine v. HusseySupreme Court of Alabama · 1871
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
- Plowman v. HendersonSupreme Court of Alabama · 1877
- Ex parte CresswellSupreme Court of Alabama · 1877
- Hayes v. CollierSupreme Court of Alabama · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gulf States Steel Co. v. ChristisonSupreme Court of Alabama · 1934
- Jeffersonian Publishing Co. v. HilliardSupreme Court of Alabama · 1894
- Hutto v. Walker CountySupreme Court of Alabama · 1913
- Carr v. DuhmeIndiana Supreme Court · 1906
- State ex rel. Klotz v. RossSupreme Court of Missouri · 1893
6 more not listed; retrieve them via the Exa API.