Legal Opinion

Irby v. Kitchell

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 6 opinions

Appeal from the Probate Court of Marengo. In the matter of the final settlement of Charles Irby, as administrator de bonis non of the estate of James M. Eembert, deceased. James P. Eembert was the son and administrator in chief of James M. Eembert, who died intestate.

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Appeal from the Probate Court of Marengo. In the matter of the final settlement of Charles Irby, as administrator de bonis non of the estate of James M. Eembert, deceased. James P. Eembert was the son and administrator in chief of James M. Eembert, who died intestate. Irby was the successor of said James P., and the first administrator de bonis non of said James M., and was at the same time administrator in chief of the said James P., and during that time made a final settlement with the court, of the said administration in chief of the said James P. On that final settlement, the estate of…

1Opinion of the CourtA. J. Walker, C. J.

1. If the commissionerVcertifieate to the deposition of A. B. Jones was defective, there was no error in the overruling the objections whenjnade for the first time on the trial. — Bevised Code, § 2728 (2328); McGill v. Monette, 37 Ala. 49.

2. The court charged the appellant with the Íhighest value of the bacon taken by him. This the law, under the circumstances proved, authorized. It did not in such a case as this, limit the court to the value at the time of the conversion. — Hudson v. Helmes, 23 Ala. 585. The appellant, upon the evidence, was guilty of a tortious conversion to his personal…

2Cases cited19 opinions

  1. Van Horne v. FondaNew York Court of Chancery · 1821
  2. Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
  3. Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
  4. Lee v. FoxCourt of Appeals of Kentucky · 1838
  5. Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848

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3Cited by6 opinions

  1. Veeder v. McKinley-Lanning Loan & Trust Co.Nebraska Supreme Court · 1901
  2. McGowan v. MilnerSupreme Court of Alabama · 1915
  3. Davis v. BowmarMississippi Supreme Court · 1878
  4. Wilkes v. TeagueSupreme Court of Alabama · 1932
  5. Barnett v. StewartMississippi Supreme Court · 1884

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

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