Lewis' Adm'r v. Lindsay's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. John E. Moore. This case originated in the probate eourt, and was carried by writ of error to the circuit court. The material facts are these: Prior to 1843, Hickman Lewis was appointed, by the orphans’ court of Limestone, administrator of the estate of William Lindsay, deceased, but died without having made a final settlement of his administration..
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Appeal from the Circuit Court of Limestone. Tried before the Hon. John E. Moore. This case originated in the probate eourt, and was carried by writ of error to the circuit court. The material facts are these: Prior to 1843, Hickman Lewis was appointed, by the orphans’ court of Limestone, administrator of the estate of William Lindsay, deceased, but died without having made a final settlement of his administration.. Letters of administration on the estate of said Lewis were duly granted by said orphans’ court to John T. Menifee, who, on the 9th December, 1843, made a final settlement with said…
1Opinion of the Court
WALKEK, J.—
It was said, in an opinion of one member of the court, in Green v. Maclin, 29 Ala. 695, that the act of 15th February, 1854, (Pamphlet Acts, 71,) did not apply to appeals. The two members of the court who did not sit in that case, differ in opinion from the judge who made that decision. The majority of the court think error in the proceedings of the court below a “ cause of action ” within the meaning of that act. Mazange v. Slocum & Henderson, 23 Ala. 668; Cox v. Whitfield, 18 Ala. 738. The appeal in this ease was sued out more than four years after the adoption of that act, and…
2Cases cited4 opinions
- Mazange v. SlocumSupreme Court of Alabama · 1853
- Cox's Adm'r v. WhitfieldSupreme Court of Alabama · 1851
- Mason v. MooreSupreme Court of Alabama · 1847
- Green v. MaclinSupreme Court of Alabama · 1857
3Cited by2 opinions
- Martin v. MartinSupreme Court of Alabama · 1860
- Stephens v. WilliamsSupreme Court of Arkansas · 1916