Carpenter v. Carpenter
Supreme Court of Alabama
Appeal from Circuit Court, Washington County; Ben D. Turner, Judge. Suit by James E. Carpenter against Sallie Carpenter. From a decree sustaining demurrer to the bill, complainant appeals. This cause was previously before the court for consideration of the decree overruling the demurrer to the original bill, resulting in a reversal of the decree of the court below.
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Appeal from Circuit Court, Washington County; Ben D. Turner, Judge. Suit by James E. Carpenter against Sallie Carpenter. From a decree sustaining demurrer to the bill, complainant appeals. This cause was previously before the court for consideration of the decree overruling the demurrer to the original bill, resulting in a reversal of the decree of the court below. Carpenter v. Carpenter, 75 South. 472.1 A reference to that case will disclose that the original bill showed complainant (appellant here), as administrator of the estate of W. J. Carpenter, deceased, had petitioned the probate…
1Opinion of the CourtGardner, J.
We are of the opinion that what was said by this court on the former appeal in this'cause, considering the demurrer to the original bill is also decisive of the present appeal. It appears now, as it did then, from the exhibits to the bill, that the complainant as administrator petitioned the probate court for a final settlement of the affairs of said estate and his administration thereof. The jurisdiction of the probate court was thereby called into exercise, resulting in a final judgment of said court against the complainant. It also appears now, as it did then, that the matters of credit…
2Cases cited2 opinions
- Adams v. WalshSupreme Court of Alabama · 1914
- Spidle v. BlakeneySupreme Court of Alabama · 1907
3Cited by1 opinion
- United States Fidelity & Guaranty Co. v. HartonSupreme Court of Alabama · 1918