Clarke v. West
Supreme Court of Alabama
Writ of Error to the Circuit Court of Butler county. This was the final settlement of the estateof Henry West, deceased ; and for the proper understanding of all the questions raised, an abstract of the entire record, is necessary. Administration was granted on the estate of Henry West, deceased, by the county court of Butler county, on the 21st of August, 1837, to Margaret E. West, one of the defendants; and the others are her sureties on the administration bond.
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Writ of Error to the Circuit Court of Butler county. This was the final settlement of the estateof Henry West, deceased ; and for the proper understanding of all the questions raised, an abstract of the entire record, is necessary. Administration was granted on the estate of Henry West, deceased, by the county court of Butler county, on the 21st of August, 1837, to Margaret E. West, one of the defendants; and the others are her sureties on the administration bond. On the 16th March, 1838, (in the record it is stated 1837, but the entire transcript shows the clerical error,) an order was made,…
1Opinion of the CourtGoldthwaite, J.
1. In the examination of this case, we shall depart in some degree from the order of the argument, and first consider that assignment of error which questions the correctness of the judgment rendered against the sureties.
If this is to be considered as the mere award of an execution, having no effect on the rights of the sureties, and not as a judgment, then the writ of error was improperly sued out, and should be dismissed. But we think it must be considered as a judgment, because it has all the distinctive features of one; the facts are set out by which it was induced, and the consideration…
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3Cited by23 opinions
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