Benford v. Daniels
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Dallas. The defendant in error, moved the orphans’ court, to amend the original order, made six years previously, so as to authorize him to keep the estate together, under the act of 1835, which motion-the court ailowed, though there was no evidence of record that such order had been originally made. The plaintiff in error also objected to the compensation allowed the administrator.
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Writ of Error to the Orphans’ Court of Dallas. The defendant in error, moved the orphans’ court, to amend the original order, made six years previously, so as to authorize him to keep the estate together, under the act of 1835, which motion-the court ailowed, though there was no evidence of record that such order had been originally made. The plaintiff in error also objected to the compensation allowed the administrator. The facts sufficiently appear in the opinion of the court. The assignments of error present these matters for revision. 1. An order, or judgment nunc pro tunc, must be…
1Opinion of the CourtChilton, J.
But two points are presented for consideration by the record. The first is, did the judge of the orphans’ court properly allow the amendment of the record to-be made nunc pro tunc, so as to show the administration was under the law authorizing the estate to be kept together for ten years — the second, whether the compensation allowed the administrator was greater than the law authorizes. *671To one or the other of these propositions, the various assignments of error may be reduced.
By the act of 1815, (Dig. 198, § 30, el seq.) the judges of the several county courts are authorized, on application…
2Cases cited10 opinions
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Waldo v. SpencerSupreme Court of Connecticut · 1821
- Harris v. MartinSupreme Court of Alabama · 1846
- Steele v. KnoxSupreme Court of Alabama · 1846
- Thompson v. MillerSupreme Court of Alabama · 1830
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3Cited by9 opinions
- DuBoise v. DuBoiseSupreme Court of Alabama · 1963
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
- Ex parte GilmerSupreme Court of Alabama · 1879
- Metcalf v. MetcalfSupreme Court of Alabama · 1851
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