Hosey v. Brasher
Supreme Court of Alabama
Error to Talladega Circuit court. Assumpsit against an administrator, tried by Judge Martin. The plaintiff in error washed in the Circuit court of Talladega, as the administrator of James Brasher, senior, deceased, and pleaded (among other pleas) ne tinques administrator.
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Error to Talladega Circuit court. Assumpsit against an administrator, tried by Judge Martin. The plaintiff in error washed in the Circuit court of Talladega, as the administrator of James Brasher, senior, deceased, and pleaded (among other pleas) ne tinques administrator. To disprove this plea, the defendants gave in evidence, a regularly certified transcript of the record of the Orphan’s court - of Talladega; from which it appeared, that the plaintiff applied for letters of administration on the estate of James Brasher, senior, deceased: that notices were issued according to law to the next…
1Opinion of the CourtCollier, C. J.
— The admissibility of the evidence, and the charge of the court, presents the only question for our decision.
Our statutes certainly contemplate the issuance of letters of administration, to the person appointed administrator, yet, as the letters are but evidence of his authority, he might act without them, if the records of the court show his appointment, &c.
Whether a person appointed administrator, may be allowed to exercise his office, until he has been qualified by taking the necessary oaths, and entering into bond with sureties, is a question which does not necessarily arise in the…
2Cited by3 opinions
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- Clemens v. WilsonSupreme Court of Alabama · 1866