Woodruff v. Bank of Alabama
Supreme Court of Alabama
Whit of Error to the County Court of Shelby County. The first matter which appears in this record is a report of certain Commissioners, setting out that they were appointed by the Hon. P. T. Harris, Judge of the Circuit Court for this State, Commissioners to settle and adjust the claims against the estate of George L. Medlock, that they met at Montevallo, on the 9th day of October, 1840, and from the vouchers and assets of the said estate, presented to them by Woodruff, the…
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Whit of Error to the County Court of Shelby County. The first matter which appears in this record is a report of certain Commissioners, setting out that they were appointed by the Hon. P. T. Harris, Judge of the Circuit Court for this State, Commissioners to settle and adjust the claims against the estate of George L. Medlock, that they met at Montevallo, on the 9th day of October, 1840, and from the vouchers and assets of the said estate, presented to them by Woodruff, the administrator, they proceeded to execute the duties assigned to them as follows: The report then sets out the names of…
1Opinion of the CourtGoldthwaite, J.
The proceedings in this case, so far as they relate to the settlement of the estate by Commissioners, most probably had their origin in consequence of some interest which the Judge of the County Court had in the estate to be settled, either as counsel or otherwise. We say most probably, because it is only in such cases that a Judge of the Circuit Court is authorized to issue a commission. Upon the presumption that our supposition is correct, and because these proceed-' ings if in fact had under the statute which will presently be recited, are at present so fatally defective that no judgment…
2Cases cited1 opinion
- Lister v. VivianSupreme Court of Alabama · 1839
3Cited by2 opinions
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
- Wilson v. WilsonSupreme Court of Alabama · 1860