Henderson v. Henderson's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Macon ; the register in chancery presiding pro hue vice, on account of the incompetencv of the probate judge.
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Appeal from the Probate Court of Macon ; the register in chancery presiding pro hue vice, on account of the incompetencv of the probate judge. This was a motion to quash an execution, which had been issued on a decree rendered by said Probate Court, the register in chancery presiding, pro" hac vice, in the place of the probate judge, in favor of W. E. Foster, as administrator de bonis non of the estate of John C. Henderson, deceased, against Lemuel Henderson, the administrator in chief, on final settlement of his accounts. The decree was rendered on the 18th June, 1877. The execution sought…
1Opinion of the CourtSomerville, J.
The probate judge being incompetent, under the provisions of the Code, to try this case, it was transferred to th’e register in chancery, as required by section 713 of the Code of 1876. In such case, the register is authorized to discharge all duties appertaining to the trial, “as if he were judge of probate.” The power of the register to issue ah execution, on a judgment lawfully rendered by *558him, cannot be doubted. Section 711 of the Code expressly makes a sheriff liable for failing to make the money on, or failing to return such an execution. Independently of this, it is an obvious…
2Cases cited1 opinion
- Hapgood v. GoddardSupreme Court of Vermont · 1854
3Cited by2 opinions
- Ex Parte McDanalAlabama Court of Appeals · 1946
- Berry v. PerrySupreme Court of Alabama · 1886