Bradley v. Andress
Supreme Court of Alabama
Appeal from the Probate Court of Monroe. IN the matter of the nuncupative will of Mrs. Martha Andress, deceased, which was propounded for probate by the appellee, and contested by the appellant, who had been previously appointed administrator of her estate. It is unnecessary to notice the pleadings in the cause, since the court here decides nothing concerning them.
Read the full summary
Appeal from the Probate Court of Monroe. IN the matter of the nuncupative will of Mrs. Martha Andress, deceased, which was propounded for probate by the appellee, and contested by the appellant, who had been previously appointed administrator of her estate. It is unnecessary to notice the pleadings in the cause, since the court here decides nothing concerning them. The issue being submitted to the judge, without a jury, he decided in favor of the validity of the will, ordered it to be admitted to probate, and adjudged the costs against the administrator individually. The record contains no…
1Opinion of the CourtRige, C. J.
The doctrine, that when the judge tries *82the facts of the case, his decision is not revisable, does not extend to cases in which it is his legal duty to try the facts and apply the law to them, and in the discharge of which duty he mistakes or misapplies the law. In such cases, he does not occupy only the position of the jury; and if he errs, his error is not merely an error as to fact, but an error as to the law. — Shaw v. Beers, 25 Ala. 449 ; Boling v. Boling, 22 Ala. 826.
But, even in such cases, when the correctness of his decision depends upon the proof, it cannot be revised in this court,…
2Cases cited7 opinions
- Gordon v. McLeodSupreme Court of Alabama · 1852
- Shaw v. BeersSupreme Court of Alabama · 1854
- Williams v. GunterSupreme Court of Alabama · 1856
- Barnes v. MobleySupreme Court of Alabama · 1852
- Smith's Distributees v. KingSupreme Court of Alabama · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bonner v. StateSupreme Court of Alabama · 1876
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Mitchell v. ParkerSupreme Court of Alabama · 1933
- Baker v. PattersonSupreme Court of Alabama · 1911
17 more not listed; retrieve them via the Exa API.