Meyers v. Martinez
Supreme Court of Alabama
Appeal from Mobile Latv and Equity Court. Heard before Hon. Saffold Behney. Bill by Mary J. Martinez and others, against Elizabeth D. Meyers, and others to re-open a decree of settlement of administrator’s accounts. From an order overruling the motion to dismiss the bill for Avant of jurisdiction apparent on its face, respondents appeal.
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Appeal from Mobile Latv and Equity Court. Heard before Hon. Saffold Behney. Bill by Mary J. Martinez and others, against Elizabeth D. Meyers, and others to re-open a decree of settlement of administrator’s accounts. From an order overruling the motion to dismiss the bill for Avant of jurisdiction apparent on its face, respondents appeal. The court was without jurisdiction, which was apparent on the face of the bill, —Penoyer v. Neff', 95 U. S. 723; Piquet v. Stcaovn, 5 Mass. 35; Hart v. Scmson, 110 U. S. 154; L. & N. v. Nash, 118 Ala. 484; Storey’s Conflict of Law, sec. 539. Before a bill…
1Opinion of the CourtMayfield, J.
A motion was made in the lower •court to dismiss the bill for want of jurisdiction appearing on the face of the bill. The motion was overruled, and from that order this appeal is attempted. .
It is insisted by appellant that this is a plea to the jurisdiction, and that the order overruling the motion is a decree on the sufficiency of the plea, and will therefore support an appeal. This cannot be. A plea must deny or confess and avoid. The motion does neither. It was not set down for hearing on its sufficiency, and could not have been so set down, because it averred no facts to avoid, and did…
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