Legal Opinion

Ex Parte Sumlin

Supreme Court of Alabama

Decided June 17, 1920No. 7 Div. 86PublishedCited by 15 opinions

Petition by Charlsey Sumlin for alternate writ of mandamus, directed to Hon. Hugh D. Merrill, as Judge of the Seventh Judicial Circuit, commanding him to set aside a judgment affirming the judgment of the probate court of Calhoun county sustaining the validity of a will, which was contested by petitioner, and to place said cause on the jury docket in the Calhoun circuit court for trial de novo by a jury.

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Petition by Charlsey Sumlin for alternate writ of mandamus, directed to Hon. Hugh D. Merrill, as Judge of the Seventh Judicial Circuit, commanding him to set aside a judgment affirming the judgment of the probate court of Calhoun county sustaining the validity of a will, which was contested by petitioner, and to place said cause on the jury docket in the Calhoun circuit court for trial de novo by a jury. The facts made by the petition are substantially as follows: The petitioner, Charlsey Sumlin, appealed to the circuit court of Calhoun county from the judgment of the probate court against…

1Opinion of the CourtSomervilde, J.

[1] In the probate of wills, and in granting letters testamentary and of administration, the probate court has not only exclusive jurisdiction, but has the powers and attributes of courts of general jurisdiction. Acklen v. Goodman, 77 Ala. 521.

Under our Statutes (sections 2855-2867, Code 1907; sections 1888-1899, Code 1852), an appeal from a decree or judgment of tlie probate court on a contest as to the validity of a will may be taken by the party aggrieved to either the circuit court or the Supreme Court. On such appeals the jurisdiction of the circuit, as well as of the Supreme Court, is…

2Cases cited4 opinions

  1. Montg. So. Railway Co. v. SayreSupreme Court of Alabama · 1882
  2. Truett v. WoodhamSupreme Court of Alabama · 1893
  3. Acklen v. GoodmanSupreme Court of Alabama · 1884
  4. Tapp v. CoxSupreme Court of Alabama · 1876

3Cited by15 opinions

  1. Massey v. ReynoldsSupreme Court of Alabama · 1925
  2. Love v. RennieSupreme Court of Alabama · 1950
  3. Moore v. City of MobileSupreme Court of Alabama · 1946
  4. Arant v. Board of Adjustment of City of MontgomerySupreme Court of Alabama · 1960
  5. Ex Parte MilesSupreme Court of Alabama · 1946

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