Southern Mutual Ins. v. Holcombe's Administrator
Supreme Court of Alabama
Appeal from the Probate Court of Mobile. In the matter of the final settlement of the estate of John C. Holcombe, deceased, which was duly declared insolvent on the 2d April, 1855, and against which the appellant hied as a claim an account for $753 51. The rejection of this claim is Ihe only matter assigned as error. The ground on which the opinion of this court is based, renders it unnecessary to state the evidence contained in the bill of exceptions.
1Opinion of the Court
A. J. WALKER, O. J.
The bill of exceptions, after a statement of evidence, says, that “ thereupon" the court rejected the appellant’s claim. Adopting the construction less favorable to the appellant, we cannot regard this as an assertion that the bill of exceptions contains all the evidence upon which the court acted; and consequently, we cannot affirm that there was error in the rejection oí the appellant’s claim. — Keep v. Kelly & Levin, 29 Ala. 322 ; Bradley v. Andress, 30 Ala. 80 ; Lovett v. Chisolm, 30 Ala. 88; Stein v. Feltheimer, 31 Ala. 57.
The decree of the court below is affirmed.
2Cases cited4 opinions
- Bradley v. AndressSupreme Court of Alabama · 1857
- Lovett v. ChisolmSupreme Court of Alabama · 1857
- Keep v. Kelly & LevinSupreme Court of Alabama · 1856
- Stein v. FeltheimerSupreme Court of Alabama · 1857
3Cited by11 opinions
- Lamar v. KingSupreme Court of Alabama · 1910
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Baker v. PattersonSupreme Court of Alabama · 1911
- Beard v. DuBoseSupreme Court of Alabama · 1912
- Southern Ry. Co. v. WyleySupreme Court of Alabama · 1917
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