Schieffelin v. Schieffelin
Supreme Court of Alabama
Appeal from the Proba te Court of Baldwin. Heard before the Hon. Charles Hall. The proceedings in this case were had upon an application of William L. Bcbieffelin to .have admitted to probate what purported to be the last will, and testament of Cornelia J. Schieffelin, deceased. William L. Schieffelin was a son of the testatrix, Cornelia J. Schieffelin, and .was the only child left surviving her. The testatrix had two other children, Mark and Lee Schieffelin.
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Appeal from the Proba te Court of Baldwin. Heard before the Hon. Charles Hall. The proceedings in this case were had upon an application of William L. Bcbieffelin to .have admitted to probate what purported to be the last will, and testament of Cornelia J. Schieffelin, deceased. William L. Schieffelin was a son of the testatrix, Cornelia J. Schieffelin, and .was the only child left surviving her. The testatrix had two other children, Mark and Lee Schieffelin. Mark died unmarried and without issue many years before the death of the testatrix, and Lee Schieffelin died prior to the testatrix,…
1Opinion of the CourtHaralson, J.
1. There was no error in the actiou of the court in excusing the juror, Oswalt. It was entirely within the discretion of the court, — exercised not arbitrarily, but for good purpose in the interest of justice, — to do so. — Williamson v. Mayer, 117 Ala. 253; *33Fariss v. State, 85 Ala. 1; The State v. Marshall, 8 Ala. 302.
Nor was there error in requiring the defendant to pass on the eight jurors remaining, after four had been ■challenged by plaintiff, before their vacancies were filled. — Wilson v. State, 31 Ala. 371; Bell v. Barker, 49 Ala. 284.
2. The defendant’s witness, Edmondson, had given…
2Cases cited25 opinions
- Coghill v. KennedySupreme Court of Alabama · 1898
- Burney v. TorreySupreme Court of Alabama · 1893
- Taylor v. KellySupreme Court of Alabama · 1857
- Griffin v. StateSupreme Court of Alabama · 1891
- Eastis v. MontgomerySupreme Court of Alabama · 1890
20 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Councill v. MayhewSupreme Court of Alabama · 1911
- Wear v. WearSupreme Court of Alabama · 1916
- Tucker v. TuckerSupreme Court of Alabama · 1946
- Hodge v. RamboSupreme Court of Alabama · 1908
40 more not listed; retrieve them via the Exa API.