Legal Opinion

Gause v. Hughes

Supreme Court of Alabama

Decided June 15, 1839PublishedCited by 3 opinions

Error to Montgomery Circuit court. Assumpsit. — The defendant in error, by his guardian, brought an action of assumpsit against the plaintiffs, in the Circuit court of Montgomery.

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Error to Montgomery Circuit court. Assumpsit. — The defendant in error, by his guardian, brought an action of assumpsit against the plaintiffs, in the Circuit court of Montgomery. In his declaration, he -alleges that one Elizabeth Hughes, did, on the twenty-eighth day of September, in the year one thousand eight hundred and thirty-six, by her last will and testament, in writing, amongst other things, will and devise; give and bequeath, to the plaintiff, the sum of two thousand dollars, and did appoint’ Eliza Gause, (then Eliza Hughes,) executrix of her will. She then proceeds to declare as…

1Opinion of the Court

COLLIER, C. J. — It

is objected to the proceeding in the Circuit court, that that court should not have overruled the demurrer to the declaration. This objection makes it necessary to consider, to some extent, the jurisdiction of courts of lav;, in the recovery of legacies.

It is said, that originally, the jurisdiction over personal legacies, pertained to the tempqral courts of the common law, or that it was a jurisdiction mixtifori, claimed and exercised in the County court, where the bishop and sheriff sat together. Afterwards, the ecclesiastical courts acquired exclusive jurisdiction over…

2Cases cited2 opinions

  1. Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
  2. Pettigrew v. PettigrewSupreme Court of Alabama · 1828

3Cited by3 opinions

  1. Daniel v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
  2. Stewart v. ConnerSupreme Court of Alabama · 1846
  3. Ramser v. BlairSupreme Court of Alabama · 1898

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