Legal Opinion

Burnett v. Nesmith

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 9 opinions

Appeal from Payette Circuit Court. Tried before Hon. Vs. S. Mudd. This was an action by the appellee, Thomas B. NeSmith, as the administrator de bonis non of the estate of Isaac May-field, against the appellants, Peyton Burnett and Thomas J. Hogan, as the administrators of the estate of George Brown, and seeks to recover from the administrators of Brown the amount of a devastavit committed by George Cannon, as administrator in chief of the estate of said Mayfield, said Brown…

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Appeal from Payette Circuit Court. Tried before Hon. Vs. S. Mudd. This was an action by the appellee, Thomas B. NeSmith, as the administrator de bonis non of the estate of Isaac May-field, against the appellants, Peyton Burnett and Thomas J. Hogan, as the administrators of the estate of George Brown, and seeks to recover from the administrators of Brown the amount of a devastavit committed by George Cannon, as administrator in chief of the estate of said Mayfield, said Brown being one of Cannon’s sureties. Mayfield died iptestate in 1861 or 1862, and Cannon, on the 5th of January, 1863, was…

1Opinion of the CourtBrickell, C. J.

It is contended by the appellants, that the order of the court of probate appointing Cannon as sheriff, administrator of the estate of M.ayfield, is void, because the record of the appointment does not disclose that there was no general administrator of the county, and no other fit person who would administer. The statute on which the argument is founded, is in these words: “In case there is no general administrator, and no other fit person will administer, the court may commit administration to the sheriff or coroner of the county.” — Code of 1876, §2363. The constitution of force when the…

2Cases cited14 opinions

  1. Sprowl v. LawrenceSupreme Court of Alabama · 1859
  2. Boring v. WilliamsSupreme Court of Alabama · 1850
  3. Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
  4. Alston v. AlstonSupreme Court of Alabama · 1859
  5. Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Johnson v. JohnsonSupreme Court of Alabama · 1913
  2. Beasley v. HowellSupreme Court of Alabama · 1897
  3. Kling v. ConnellSupreme Court of Alabama · 1894
  4. State v. Mobile & Girard R. R.Supreme Court of Alabama · 1895
  5. Bean v. ChapmanSupreme Court of Alabama · 1882

4 more not listed; retrieve them via the Exa API.

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