McClurkin v. McClurkin
Supreme Court of Alabama
■ Appeal from Circuit Court, Talladega County; A. P. Agee, Judge. Petitions by Mittie McClurkin and Della McClurkin, each to have the estate of Franklin McClurkin, deceased, set apart to her as his widow. From a decree granting the petition of Della McClurkin, Mittie McClurkin appeals.
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■ Appeal from Circuit Court, Talladega County; A. P. Agee, Judge. Petitions by Mittie McClurkin and Della McClurkin, each to have the estate of Franklin McClurkin, deceased, set apart to her as his widow. From a decree granting the petition of Della McClurkin, Mittie McClurkin appeals. Franklin McClurkin died in 1920, and Frank McClurkin was granted letters of administration on the estate on the 8th day of April, 1920, and soon thereafter filed his petition for an order to sell all the property of the estate for the purpose of paying debts and for division. On June 7, 1920; Mittie McClurkin…
1Opinion of the CourtThomas, J.
[1] The test of finality of a judgment or decree to support an appeal is not whether the cause remains in fieri awaiting further proceedings in such court to entitle the parties to their acquired rights, but whether such judgment or decree ascertains and declares such rights embracing the substantial merits of the controversy and the material issues litigated or necessarily involved in the litigation.
[2] A denial of appellant’s petition was, as to her, a final decree, and within the provision of Code, § 2837. Clifford v. Montgomery, 202 Ala. 609, 81 South. 551; First Nat. Bank v. Watters, 201…
2Cases cited29 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Beggs v. StateSupreme Court of Alabama · 1876
- Andrews v. GreySupreme Court of Alabama · 1917
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
24 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Vaughn v. StateSupreme Court of Alabama · 1938
- Alabama Public Service Commission v. Redwing Carriers, Inc.Supreme Court of Alabama · 1967
- Cogburn v. CallierSupreme Court of Alabama · 1925
- Mosely v. KennedySupreme Court of Alabama · 1944
- Hill v. LindseySupreme Court of Alabama · 1931
44 more not listed; retrieve them via the Exa API.