Lilly v. Larkin
Supreme Court of Alabama
Appeal from the Probate Court of Jackson. This was a petition, as the bill of exceptions states, “by W. B. Larkin and. John Y. Gross, to substitute the alleged lost record of an annual settlement of their administration of the estate of Edward H. Dillard, deceased, alleged to< have been made in said court on the 15th July, 1861.” The petition asking the substitution, verified by affidavit, was filed on the 21st December, 1876; and notice, of the application having been given…
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Appeal from the Probate Court of Jackson. This was a petition, as the bill of exceptions states, “by W. B. Larkin and. John Y. Gross, to substitute the alleged lost record of an annual settlement of their administration of the estate of Edward H. Dillard, deceased, alleged to< have been made in said court on the 15th July, 1861.” The petition asking the substitution, verified by affidavit, was filed on the 21st December, 1876; and notice, of the application having been given to the heirs and distributees of said Dillard’s estate, they appeared and contested it. “On the hearing of the cause,”…
1Opinion of the CourtSomeryille, J.
Every court of record possesses an inherent power to substitute any part of its records, which have been lost or destroyed ; and this power existed at common law, independently of any statutory provision.-Bishop v. Hampton, 19 Ala. 792; Doswell v. Stewart, 11 Ala. 629; Town of Camden v. Block, at the present term.
The former practice, in such cases, was indicated by this court in Adkinson v. Keel, 25 Ala. 551, to which the procedure authorized by the statute is evidently designed to be cumulative only.—Code (1876), §§ 555, 558; Ereeman on Judg. § 89. See, also, McLendon v. Jones, 8 Ala. 298.…
2Cases cited4 opinions
- McLendon v. JonesSupreme Court of Alabama · 1845
- Adkinson v. KeelSupreme Court of Alabama · 1854
- Doswell v. StewartSupreme Court of Alabama · 1847
- Bishop's Heirs v. HamptonSupreme Court of Alabama · 1851
3Cited by6 opinions
- Wise v. StateSupreme Court of Alabama · 1922
- Memphis & Charleston Railroad v. WhorleySupreme Court of Alabama · 1883
- Ward v. StateSupreme Court of Alabama · 1885
- Baxley v. JacksonSupreme Court of Alabama · 1927
- Peddy v. StreetSupreme Court of Alabama · 1888
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