Moore v. Randolph
Supreme Court of Alabama
Appeal from Hale. Chancery Court. Heard before Hon. A. W. Dillard. In this cause there were two separate matters submitted to the court, on separate motions: first, a motion by appellees to dismiss the appeal on the ground that it was not taken from a final decree; and second, an application by appellants for a mandamus, or other remedial writ, directed to the chancellor and register of the court below, for the purpose of staying certain proceedings had therein, after such…
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Appeal from Hale. Chancery Court. Heard before Hon. A. W. Dillard. In this cause there were two separate matters submitted to the court, on separate motions: first, a motion by appellees to dismiss the appeal on the ground that it was not taken from a final decree; and second, an application by appellants for a mandamus, or other remedial writ, directed to the chancellor and register of the court below, for the purpose of staying certain proceedings had therein, after such appeal had been taken and errors assigned thereon in this court. - On the 15th of October, 1862, Jane Randolph died in…
1Opinion of the Court
The motion to dismiss the appeal was granted, the following opinion being delivered thereon by, —
MANNING, J.
In cases of administration transferred from a probate court into a court of equity, “ the chancellor *535will take them, in the plight and condition they are in, at the time of the transfer, and proceed with them as in chancery cases, applying the law, regulating such estates in the probate court, changing only the mode of procedure, in the same manner as if the cause had originated in his court.” Taliaferro, Adm'r, v. Brown, &c. 11 Ala. 710; Hall, Adm'r, v. Wilson's Heirs, 14 Ala. 295.…
2Cases cited4 opinions
- Garner v. PrewittSupreme Court of Alabama · 1858
- Ex parte SmithSupreme Court of Alabama · 1853
- Hall v. Heirs of WilsonSupreme Court of Alabama · 1848
- Taliaferro v. BrownSupreme Court of Alabama · 1847
3Cited by12 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Libby v. Southern Pacific Co.Oregon Supreme Court · 1923
- Sharp v. EdwardsSupreme Court of Alabama · 1919
- Clay v. GurleySupreme Court of Alabama · 1878
- Bell v. KingSupreme Court of Alabama · 1924
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