Price v. Simmons
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Benton County. The plaintiff in error, by virtue of his office of sheriff of Benton county, was appointed administrator with the will (annexed,, of William Burns, deceased, by the orphans’ court ■of Benton. He returned an inventory, and an account of sales.
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Writ of Error to the Orphans’ Court of Benton County. The plaintiff in error, by virtue of his office of sheriff of Benton county, was appointed administrator with the will (annexed,, of William Burns, deceased, by the orphans’ court ■of Benton. He returned an inventory, and an account of sales. On the 14>th day of January, 1842, the legatees under the will, made application to the orphans’ court, to, have the letters issued to the plaintiff in error revoked, and that James L. Simmons be appointed administrator de bonis non, with the will annexed. This application was granted, the letters…
1Opinion of the Court
■DARGAN, J.
The plaintiff in error, cannot assign for error, on this record, the judgment of the orphans’ court removing him from office without notice. This was done in *7511842, and is a separate and distinct judgment, from the decree of final settlement, and to reverse which this writ of error was issued. The judgment of the orphans’ court, if even erroneous, cannot now be reviewed on' error, for the plaintiff was administrator by virtue of his office as sheriff, and when his office expired, his letters of administration ceased, or his authority as administrator ceased with his office. ‘…
2Cases cited1 opinion
- Willis v. Willis' Adm'rSupreme Court of Alabama · 1846
3Cited by4 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- King v. SmithSupreme Court of Alabama · 1849
- Price v. SimmonsSupreme Court of Alabama · 1852