Thompson v. Hunt
Supreme Court of Alabama
Error to tbe Court of Probate of Monroe. Tbe defendant in error, as tbe administrator of Tbomas Finklea, deceased, bad an annual settlement of bis administration on said estate, with tbe Court of Probate, at its December term, 1852. On tbis settlement, tbe administrator claimed a credit for two particular items in bis account, wbicb were resisted bj tbe plaintiffs in error; but tbe court allowed tbe items as credits, and tbe plaintiffs in error excepted.
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Error to tbe Court of Probate of Monroe. Tbe defendant in error, as tbe administrator of Tbomas Finklea, deceased, bad an annual settlement of bis administration on said estate, with tbe Court of Probate, at its December term, 1852. On tbis settlement, tbe administrator claimed a credit for two particular items in bis account, wbicb were resisted bj tbe plaintiffs in error; but tbe court allowed tbe items as credits, and tbe plaintiffs in error excepted. Tbe writ of error was sued out to revise tbis decree, and tbe action of tbe court in allowing these credits is assigned for error. A motion…
1Opinion of the Court
GIBBONS, J.'
A motion is made in tbis case to dismiss tbe writ of error, predicated, as appears by brief of counsel, upon tbe case of Price v. Stewart, 16 Ala. 40, and on tbe act of lltb February, 1850. Tbe motion is resisted, on tbe ground 4hat tbe law in tbe case of Price v. Stewart, supra, was wrongly declared, and relying upon tbe case of Savage v. Benham, Adm’r, 11 Ala. 49; and further, that tbe act of 1850 did not repeal tbe act of 1843, and therefore a writ of error lies from a decree of tbe character of tbe one in question, tbe same as it did before tbe passage of tbe act of 1850,
Tbe…
2Cases cited2 opinions
- Savage v. BenhamSupreme Court of Alabama · 1847
- Stewart v. PriceSupreme Court of Alabama · 1849
3Cited by6 opinions
- Moore v. LesueurSupreme Court of Alabama · 1858
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- McKeithen v. RichSupreme Court of Alabama · 1920
- Lehman, Durr & Co. v. RobertsonSupreme Court of Alabama · 1887
- Duke's Adm'r v. Duke's DistributeesSupreme Court of Alabama · 1855
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