Watson v. May
Supreme Court of Alabama
Ekkor to the Circuit Court of Sumter. The defendant in error, as administrator of one Easly, made a settlement of the estate with the Judge of the county court of Sumter, by which it was ascertained that the administrator had paid out for the estate beyond the amount of assets received by him, the sum of $1,650 89, and for this sum, a judgment was rendered in his favor.
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Ekkor to the Circuit Court of Sumter. The defendant in error, as administrator of one Easly, made a settlement of the estate with the Judge of the county court of Sumter, by which it was ascertained that the administrator had paid out for the estate beyond the amount of assets received by him, the sum of $1,650 89, and for this sum, a judgment was rendered in his favor. Subsequent to this, he resigned his administration, and the plaintiff in error was appointed administrator cle bonis non of the estate. Execution having issued on the judgment, in favor of May against the administrator cle…
1Opinion of the CourtOrmond, J.
The judgment of the orphan’s court in favor of May, if available for any purpose, certainly could not in any manner affect the plaintiff in error, who was no party to it. The execution, which it appears issued on it, it is true, was wholly unwarranted, and should have been superseded, and quashed by the court out of which it issued. Beyond this, the plaintiff in error was not injured, and had no right to intermeddle with it.
It follows, necessarily, that as the removal of the record into the circuit court was, on )he application of a stranger to the judgment, that the circuit court did not…
2Cases cited1 opinion
- Merrill v. JonesSupreme Court of Alabama · 1839
3Cited by3 opinions
- Memphis & Charleston Railroad v. BrannumSupreme Court of Alabama · 1892
- Mirabal v. Albuquerque Wool Scouring MillsNew Mexico Supreme Court · 1917
- State ex rel. Sullivan v. DrakeWisconsin Supreme Court · 1906