Brazeale's Adm'r v. Brazeale's Distributees
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Walker. The plaintiffs in error, administrators of the estate of Geo. .Brazeale, applied to the Orphans’ Court for a settlement of their accounts, and the 4th June,' 1839, was set for that purpose.
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Writ of Error to the Orphans’ Court of Walker. The plaintiffs in error, administrators of the estate of Geo. .Brazeale, applied to the Orphans’ Court for a settlement of their accounts, and the 4th June,' 1839, was set for that purpose. After many continuances, and citations to bring in the administrators, they at length appeared, and filed their accounts and vouchers, which were examined, audited, stated and reported for allowance on the 1st Monday of February, 1845. The settlement was postponed, first to the third Monday in March, by consent of the attorneys, aiid again to ' the 'second day…
1Opinion of the CourtOrmond, J.
Many of the questions raised by the assignments of error, and argued at the bar, are supposed to grow out of the agreement entered into between the attornies of the partie's. The validity of the agreement has been assailed, because, as is urged, one of the attorneys acted only for a portion of the distributees. Conceding'that he did not represent them all, we are not able to perceive that that circumstance can avail the other party. The distributees being notified to attend, were in contemplation of law present, and if not actually present and assenting to it, are concluded by the action of…
2Cases cited4 opinions
- Duffee v. BuchananSupreme Court of Alabama · 1845
- Graham v. AbercrombieSupreme Court of Alabama · 1845
- McRae v. PeguesSupreme Court of Alabama · 1842
- Welch v. WalkerSupreme Court of Alabama · 1836
3Cited by12 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
- Watt's Adm'r v. Watt's DistributeesSupreme Court of Alabama · 1861
- Hughes v. MitchellSupreme Court of Alabama · 1851
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