Ex parte Colvert
Supreme Court of Alabama
Original petition in Supreme Court. Petition by Mary O’Rourke Colvert to compel the chancery court of Jefferson county to vacate an order setting aside the verdict of a jury rendered in a will contest.
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Original petition in Supreme Court. Petition by Mary O’Rourke Colvert to compel the chancery court of Jefferson county to vacate an order setting aside the verdict of a jury rendered in a will contest. The complainant is entitled to some relief, and if the order of the court is not a final decree which will support an appeal, then she is entitled to the alternate writ of mandamus.- — ■ Bridgeport I. Go. v. Bridgeport L. Go., 104 Ala. 276. Mandamus is the proper remedy. — Broyles v. Maddox, 43 Ala. 357; Ex parte Jones, 55 South. 491. The verdict of the jury is not binding upon the chancellor.…
1Opinion of the Court
de GRAFFENRIED, J.
This is an original application to this court for a writ of mandamus addressed to the chancery court of Jefferson county ordering said court to vacate an order of said court setting aside the verdict of a jury.
The facts, in short, are the following: An instrument, purporting to- be the last will and testament of W. R. O’Rourke was duly probated in the probate court of Jefferson county, Ala. Within' a year after that period a bill of complaint was, under the provisions of section 6207 of the Code of 1907, filed in the chancery court of Jefferson county to contest the validity…
2Cases cited6 opinions
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Alexander v. AlexanderSupreme Court of Alabama · 1843
- Mathews v. FornissSupreme Court of Alabama · 1890
- Adams v. Munter & BrotherSupreme Court of Alabama · 1883
- Johnson v. StateSupreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Cook v. MortonSupreme Court of Alabama · 1941
- Karter v. EastSupreme Court of Alabama · 1929
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
23 more not listed; retrieve them via the Exa API.