Kling v. Connell
Supreme Court of Alabama
Appeal from the Probate Court of Mobile. Heard before the Hon. Price Williams, Jr. The appellants, A. Kling and other sureties on the official bond of Joseph Espalla, Jr., the general administrator of Mobile county, filed their petition in the probate court, and asked that certain executions issued against them in favor of the appellees, E. C. Connell and others, heirs of Mrs. E. B. Rupert, be quashed.
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Appeal from the Probate Court of Mobile. Heard before the Hon. Price Williams, Jr. The appellants, A. Kling and other sureties on the official bond of Joseph Espalla, Jr., the general administrator of Mobile county, filed their petition in the probate court, and asked that certain executions issued against them in favor of the appellees, E. C. Connell and others, heirs of Mrs. E. B. Rupert, be quashed. The petition averred that on May 12, 1891, Joseph Espalla, Jr., who was at the time the'general administrator of Mobile county, with the petitioners as sureties on his official bond, applied to…
1Opinion of the CourtHaralson, J.
In Coltart v. Allen, 40 Ala. 155—the statute having reference to the authority of the probate court to grant letters of administration on the estate of decedents being the same then as now — it was held that the grant of letters of administration by the probate court of Jackson county on the estate of a decedent, who resided in Madison county at the time of his death, was not void, but merely voidable, and that the grant could be set aside only by a direct proceeding for the purpose. The principle as there stated is : “that the constitution gives to the probate courts a general jurisdiction…
2Cases cited8 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Coltart v. AllenSupreme Court of Alabama · 1866
- Plowman v. HendersonSupreme Court of Alabama · 1877
- May v. MarksSupreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Balsewicz v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1909
- Beasley v. HowellSupreme Court of Alabama · 1897
- Craft v. SimonSupreme Court of Alabama · 1897
- Alabama Co. v. BrownSupreme Court of Alabama · 1921
- Fecht v. FreemanIllinois Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.