Duke's Adm'r v. Duke's Distributees
Supreme Court of Alabama
ERROR from the Court of Probate of Perry. In tho matter of the final settlement of the estate of Jeremiah K. Duke, deeeased,by John E. Shaffer, his administrator. The distributees oí the estate attempted to charge the administrator with certain sums of money collected by him on account of his intestate’s interest in certain mills, and issues were joined between tho parties touching the validity of these items.
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ERROR from the Court of Probate of Perry. In tho matter of the final settlement of the estate of Jeremiah K. Duke, deeeased,by John E. Shaffer, his administrator. The distributees oí the estate attempted to charge the administrator with certain sums of money collected by him on account of his intestate’s interest in certain mills, and issues were joined between tho parties touching the validity of these items. “Before going into the trial on the merits, tho defendant objected to said cause being tried on said issues, on tho ground, that the identical same issues had been once before adjusted…
1Opinion of the CourtChilton, C. J.
—It appears from the bill of exceptions sealed in this case, that before going into trial on the merits, the defendant objected to going to trial upon the issues tendered, and pleaded in bar of such trial, that the same issues now tendered had been once before tried and fully determined by the Orphans’ Court of Perry county, to-wit, on the llth day of January, 1848 ; and in support of his plea, produced the record of said Orphans’ Court in said cause, whereby it appeared that, at a term of said Orphans’ Court held on the day above mentioned, the defendant having before that time filed his…
2Cases cited3 opinions
- Savage v. BenhamSupreme Court of Alabama · 1847
- Thompson v. HuntSupreme Court of Alabama · 1853
- Stewart v. PriceSupreme Court of Alabama · 1849
3Cited by6 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Moore v. LesueurSupreme Court of Alabama · 1858
- Tayloe v. BushSupreme Court of Alabama · 1883
- Watt's Adm'r v. Watt's DistributeesSupreme Court of Alabama · 1861
- Newberry's Administrator v. Newberry's DistributeesSupreme Court of Alabama · 1856
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