Cawthorne v. Weisinger
Supreme Court of Alabama
EaaoR to the County Court of Perry, This was a proceeding before John R. Goree, Isham W. Garrett and John Lockhart, commissioners appointed by a judge of the circuit court to settle the estate of David Yarbrough, the judge of the county court being incompetent to sit from interest. The estate having been previously reported insolvent, the plaintiff presented a note for $5,000, executed by the deceased, for allowance.
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EaaoR to the County Court of Perry, This was a proceeding before John R. Goree, Isham W. Garrett and John Lockhart, commissioners appointed by a judge of the circuit court to settle the estate of David Yarbrough, the judge of the county court being incompetent to sit from interest. The estate having been previously reported insolvent, the plaintiff presented a note for $5,000, executed by the deceased, for allowance. The claim had been filed in the clerk’s office; and to prove a presentment to the executor within eighteen months after the grant of letters testamentary, offered as a witness,…
1Opinion of the CourtOrmond, J.
In Woodruff v. The State Bank, [4 Ala. 292,] we had occasion to consider the statute under which the commissioners were appointed in this ease; and it was then held, that when the commission was entered of record upon the minutes of the county court, they were invested with all the powers conferred by law on the county judge. That they were in effect quoad that particular case, the county court. All their proceedings are, therefore, to be tested by the same rules as if performed by the county judge, when their authority to act as such in the particular case is shown upon the record. Such is…
2Cases cited4 opinions
- M'Broom v. GovernorSupreme Court of Alabama · 1837
- Thrash v. SumwaltSupreme Court of Alabama · 1843
- Ball v. BrighamMassachusetts Supreme Judicial Court · 1809
- Woodruff v. Bank of AlabamaSupreme Court of Alabama · 1842
3Cited by21 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Ex parte DickensSupreme Court of Alabama · 1909
- Hard v. . MingleNew York Court of Appeals · 1912
- Deans v. WilcoxonSupreme Court of Florida · 1882
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