Johnson v. Bell
Supreme Court of Alabama
Appeal from Limestone Chancery Court. Heard before Hon. ThoMas Cobbs. In the matter of the final settletnent of the administration of A. Houck upon the estate of Hopkins L. Houck, deceased, had before the register of said court, under a decree taking jurisdiction of said estate, and ordering a reference, on bill filed for a final settlement and distribution, by Josephine Johnson, one of the distributees, entitled to a distributive share of one-half, against said…
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Appeal from Limestone Chancery Court. Heard before Hon. ThoMas Cobbs. In the matter of the final settletnent of the administration of A. Houck upon the estate of Hopkins L. Houck, deceased, had before the register of said court, under a decree taking jurisdiction of said estate, and ordering a reference, on bill filed for a final settlement and distribution, by Josephine Johnson, one of the distributees, entitled to a distributive share of one-half, against said administrator, the administrators of the estate of William Grizzard, deceased, who was a surety on the administration bond of the…
1Opinion of the CourtSomeryille, J.
It is objected by appellant’s counsel, and assigned for error, that the chancellor had no authority to grant a rehearing in this cause du/ring vacation, and re-instate it upon the docket of the chancery court to be again tried. Whether the enrollment of such an order, at any time before the second day of the next ensuing term, would not operate to bring the case within the influence of Rule 80 of Chancery Practice, need not be decided. It is enough that the appellant entered upon the second trial, after re-instatement of the cause, without objection, and consented impliedly for the court to…
2Cases cited3 opinions
- Hair v. MoodySupreme Court of Alabama · 1846
- Walker v. JonesSupreme Court of Alabama · 1853
- Byrd v. McDanielSupreme Court of Alabama · 1855
3Cited by2 opinions
- Coltart v. MooreSupreme Court of Alabama · 1885
- McWhorter v. McWhorterCourt of Civil Appeals of Alabama · 1972