Bell v. Bell
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Proceeding for the determination of distributees of the estate of Jim Bell, deceased. Property having been awarded to George Bell and others, and a motion for new trial by Mary Bell and others having been denied, they appealed to- the circuit court, where the judgment was rendered for Mary Bell and others, from which George Bell and others appeal.
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Appeal from Jefferson Circuit Court. Proceeding for the determination of distributees of the estate of Jim Bell, deceased. Property having been awarded to George Bell and others, and a motion for new trial by Mary Bell and others having been denied, they appealed to- the circuit court, where the judgment was rendered for Mary Bell and others, from which George Bell and others appeal. The circuit court acted in the capacity of the appellate court, and not as a trial court under section 2855, Code 1907, and hence, the wrong verdict was rendered. Prior, to' the Acts of 1911, amending section…
1Opinion of the CourtMayfield, J.
— The sole bone of contention in this case is, Who are the distributees of the estate of one Jim Bell, deceased, on account of whose wrongful death his administrator had received $1,000 for distribution as provided by the statute? The question was properly raised in the probate court, the evidence was there *648heard ore terms, and the probate judge decided the question in favor of appellants. An application for new trial was made in the probate court by appellees, and a great number of affidavits, in support of and in opposition to the motion, were introduced in evidence. The motion was denied…
2Cases cited10 opinions
- Smith v. StateSupreme Court of Alabama · 1846
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
- Bott v. McCoySupreme Court of Alabama · 1852
- Etheridge v. Doe ex dem. MalempreSupreme Court of Alabama · 1851
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3Cited by7 opinions
- Andrews v. GreySupreme Court of Alabama · 1917
- Evans v. EvansSupreme Court of Alabama · 1917
- Darrow v. DarrowSupreme Court of Alabama · 1918
- Hines v. HinesSupreme Court of Alabama · 1920
- Bell v. BellSupreme Court of Alabama · 1916
2 more not listed; retrieve them via the Exa API.