Hayes v. Collier
Supreme Court of Alabama
Appeal from the Probate Court of Limestone'. Tried before Hon. J. P. Coman. The appellees, as creditors of the estate of J. Haywood Jones, applied by petition to the probate court, at a subsequent term, to set aside and annul an order of. said court, appointing a day to hear and determine the report of insolvency of the estate made by the administrator, W. P. Tanner, and also the decree of insolvency rendered on said report.
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Appeal from the Probate Court of Limestone'. Tried before Hon. J. P. Coman. The appellees, as creditors of the estate of J. Haywood Jones, applied by petition to the probate court, at a subsequent term, to set aside and annul an order of. said court, appointing a day to hear and determine the report of insolvency of the estate made by the administrator, W. P. Tanner, and also the decree of insolvency rendered on said report. The grounds upon which the petition was based were as follows: 1st. The report and accompanying statements do not conform to the law requiring them. 2d. The subsequent…
1Opinion of the Court
B. E. SAEEOLD, J.-
The record shows that there was •a report by the administrator of the insolvency of the estate, and that upon this report the decree of insolvency was founded. The jurisdiction of the court Laving thus attached, the decree is not void, no matter what mighthave been its fate in a direct proceeding to reverse it. — Heydenfeldt v. Towns, 27 Ala. 423; Hine v. Hussey, 45 Ala. 496. It is not claimed that the decree was rendered at a time when no court was authorized to be held.
The relationship of the judge to one of the creditors can not affect the filing and verification of his…
2Cases cited3 opinions
- Underhill v. DennisNew York Court of Chancery · 1841
- Hine v. HusseySupreme Court of Alabama · 1871
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
3Cited by12 opinions
- Gulf States Steel Co. v. ChristisonSupreme Court of Alabama · 1934
- Jeffersonian Publishing Co. v. HilliardSupreme Court of Alabama · 1894
- Plowman v. HendersonSupreme Court of Alabama · 1877
- Collins v. HammockSupreme Court of Alabama · 1877
- Hass v. LevertonSupreme Court of Iowa · 1905
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