Dabney v. Mitchell
Supreme Court of Alabama
Appeal from tbe Probate Court of Randolph. This was an application by Peter Mitchell, guardian of Martha E. Dabney and others, minors, for tbe substitution of an alleged lost decree, said to bave been rendered by said court, on the 23d February, 1867, on final settlement of Ms accounts and vouchers as such guardian.
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Appeal from tbe Probate Court of Randolph. This was an application by Peter Mitchell, guardian of Martha E. Dabney and others, minors, for tbe substitution of an alleged lost decree, said to bave been rendered by said court, on the 23d February, 1867, on final settlement of Ms accounts and vouchers as such guardian. Tbe petition was filed on the 1st May; 1877, and set out wbat purported to be a copy, and was alleged to be a substantial copy, of the decree said to have been lost or destroyed. It was verified by the oath of the petitioner, and was accompanied with an affidavit by R. S. Heflin,…
1Opinion of the CourtBbicbell, C. J.
The judge of the Court of Probate, in the exercise of the larger part of the jurisdiction with which he is clothed, whenever proceedings in the court assume an adversary form, and questions of fact are involved, stands in the place of both judge and jury. All questions of law are decided by him, and all question^ of fact are, of necessity, found by him ; for it is in but few cases, of which the present is not one, that a jury may be impanneled to try disputed matters of fact. These are submitted to his decision, and his findings have much of the force and effect of the verdict of a jury.…
2Cases cited5 opinions
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- McLendon v. JonesSupreme Court of Alabama · 1845
- Adkinson v. KeelSupreme Court of Alabama · 1854
- Harwood v. HarperSupreme Court of Alabama · 1875
- Morss v. MorssNew York Supreme Court · 1851
3Cited by13 opinions
- Randall v. WadsworthSupreme Court of Alabama · 1900
- State ex rel. Attorney General v. Louisville & N. R. R.Supreme Court of Alabama · 1908
- Powers v. CookSupreme Court of Oklahoma · 1915
- State v. SandquistSupreme Court of Minnesota · 1920
- Ex-Parte LivingstonNevada Supreme Court · 1889
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