Tanner v. Hayes
Supreme Court of Alabama
Appeal from the Probate Court of Limestone. Tried before Hon. Joshua P. Coman. Appellant, as administrator of the estate of John H. Jones, deceased, moved the probate court, on the 11th day of May, 1871, to amend its record nunc pro time, so as to> show that said estate was declared insolvent on the 23d day of March, 1868, instead of the 25th day of the same month and .year, as appeared by the record.
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Appeal from the Probate Court of Limestone. Tried before Hon. Joshua P. Coman. Appellant, as administrator of the estate of John H. Jones, deceased, moved the probate court, on the 11th day of May, 1871, to amend its record nunc pro time, so as to> show that said estate was declared insolvent on the 23d day of March, 1868, instead of the 25th day of the same month and .year, as appeared by the record. No reason is, stated why the amendment should be made, the sole grounds upon which the motion was based being,^.s therein stated, “ that said decree was in fact made and rendered on the 23d day…
1Opinion of the CourtB. E. Saeeold, J.
The appellant moved the probate court to amend its record nunc pro tunc, so as to show that the estate of John H. Jones, which he represented, was declared insolvent oh the 23d of March, 1868, instead of the 25th of said month and year, as appears from the record.
In support of this motion, he offered the testimony of Thomas J. Cox, to the effect that he was the clerk who made the entry proposed to be amended, and that he wrote it from and by the authority of a docket entry made by the probate judge to the following effect: “Est. J. Haywood Jones, declared insolvent. This day said estate…
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