Simmons v. Price
Supreme Court of Alabama
Error to the Orphans’ Court of Benton. 1. By the act of 4th February 1S46, the administrator do bonis non is authorised to cite the former administrator to a settlement in the Orphans’ Court. 2. Where the amount of a judgment recovered in an inferior court has been collected by the plaintiff, and the judgment is subsequently reversed by this court, prima facie, the defendant in the judgment is entitled to recover back the money so paid, and the plaintiff is remitted to all…
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Error to the Orphans’ Court of Benton. 1. By the act of 4th February 1S46, the administrator do bonis non is authorised to cite the former administrator to a settlement in the Orphans’ Court. 2. Where the amount of a judgment recovered in an inferior court has been collected by the plaintiff, and the judgment is subsequently reversed by this court, prima facie, the defendant in the judgment is entitled to recover back the money so paid, and the plaintiff is remitted to all his original rights and remedies against the defendant. — Greene v. Stone, 1 H. & Johns. 405; Stewart v. Conner, 9 Ala.…
1Opinion of the CourtDargan, C. J.
James S. Simmons, administrator do bonis non of William Burns, deceased, cited William C. Price, administrator-in-chief, to appear before the Orphan’s Court and make a final settlement of his accounts as administrator. The administrator-in-chief appeared at the time appointed and moved the court to dismiss the citation for the following reasons: On the 6th day of September 1844, the administrator de bo?iis non cited him to make a final settlement of his administration, and upon such settlement, a decree was rendered against him in afvor of the administrator de bonis 'non, for nineteen hundred…
2Cases cited2 opinions
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Norman v. NormanSupreme Court of Alabama · 1842
3Cited by12 opinions
- Ex Parte RileySupreme Court of Alabama · 1985
- Waring v. LewisSupreme Court of Alabama · 1875
- Marks v. CowlesSupreme Court of Alabama · 1878
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Harrison v. TraderSupreme Court of Arkansas · 1874
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