Elrod v. Simmons
Supreme Court of Alabama
Appeal from the Chancery Court at Talladega. Heard before the Hon. John Foster. The original bill in this case was filed, on the 7th February, 1857, by Mrs. Angeline Simmons, suing by her next friend and husband, James W. Simmons, against George Elrod, who was her father; and sought an account of the defendant’s acts, as agent for the complainant, in the transaction of business relating to the estate of Edward Henry, deceased, who was the complainant’s former husband, and of…
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Appeal from the Chancery Court at Talladega. Heard before the Hon. John Foster. The original bill in this case was filed, on the 7th February, 1857, by Mrs. Angeline Simmons, suing by her next friend and husband, James W. Simmons, against George Elrod, who was her father; and sought an account of the defendant’s acts, as agent for the complainant, in the transaction of business relating to the estate of Edward Henry, deceased, who was the complainant’s former husband, and of whose estate she was the administratrix. The defendant demurred to the bill, but his demurrer was overruled ; and he…
1Opinion of the CourtA. J. Walker, C. J.
A matter of litigation in the chancery court was determined by a decree on the award of arbitrators. The submission and award, together with the minutes of the proceedings before the arbitrators, are copied into the transcript. A motion is made to strike those matters from the record, upon the allegation' that they do not belong to the record. If this motion were granted, the appellant who makes it would not be profited; *280because tbe minutes of the court show that the award was read to the court, and that the decree was rendered on it. This being the state of the record, we would be bound to…
2Cases cited5 opinions
- Tuskaloosa Bridge Co. v. JemisonSupreme Court of Alabama · 1859
- Davis v. ForsheeSupreme Court of Alabama · 1859
- Mobile Bay Road Co. v. YeindSupreme Court of Alabama · 1856
- Willingham v. HarrellSupreme Court of Alabama · 1860
- Young v. LeairdSupreme Court of Alabama · 1857
3Cited by2 opinions
- Vandeventer & Co. v. FordSupreme Court of Alabama · 1877
- Edmundson v. WilsonSupreme Court of Alabama · 1895