Parker's Heirs v. Parker's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Tuskaloosa. In the matter of the estate of Owen Parker, deceased, ou final settlement of the accounts of Rhese C. Parker, the administrator. The assignments of error embrace all the rulings of the court to which exceptions were reserved by the distributees, some of which- require no special notice. The material facts are as follows: “ When the case was taken up, the debit side of the ■account was blank as to amounts.
Read the full summary
Appeal from the Probate Court of Tuskaloosa. In the matter of the estate of Owen Parker, deceased, ou final settlement of the accounts of Rhese C. Parker, the administrator. The assignments of error embrace all the rulings of the court to which exceptions were reserved by the distributees, some of which- require no special notice. The material facts are as follows: “ When the case was taken up, the debit side of the ■account was blank as to amounts. It contained two ■items—‘To amount of sale of personal property,’ and ‘ To amount of sale of land ’—but these amounts were left blank. The last…
1Opinion of the Court
STONE, J.—
It is not necessary, in this ease, that we ■■should consider whether there are any cases in which we would reverse, on account of an amendment of the account-current, allowed on the trial in the probate •court. Evidently, the allowance of amendments should not be permitted to prejudice the distributees ; but, when the amendment operates a surprise to them, and new matter is brought up, of which they had not had notice, and which they can probably repel or explain, equal and ■exact justice would require, that the trial should be adjourned, if desired by them.
In the present case, it…
2Cases cited2 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Reese v. GreshamSupreme Court of Alabama · 1856
3Cited by14 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Winkler v. Killian.Supreme Court of North Carolina · 1906
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Radcliffe v. ChavesNew Mexico Supreme Court · 1910
9 more not listed; retrieve them via the Exa API.