Carey v. McDougald's Adm'r
Supreme Court of Alabama
Appeal from the Court of Probate of Russell. The appellant filed a claim against the estate of Daniel McDougald, deceased, which had been previously declared insolvent; and Ms claim having been rejected, he took an appeal from the decision of the probate judge.
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Appeal from the Court of Probate of Russell. The appellant filed a claim against the estate of Daniel McDougald, deceased, which had been previously declared insolvent; and Ms claim having been rejected, he took an appeal from the decision of the probate judge. The probate judge, in Ms final certificate appended to the transcript, certifies that Ms decree was rendered on the 14th of March, 1853, “ andthatan appeal was”taken on the 2d day of April, 1853, by the plaintiff in said cause, to the Supreme Court of the State of Alabama, from said decision, apd that; Allen Eiland is the security of…
1Opinion of the Court
CHILTON, C. J. —
The points which are decided in the opinion heretofore delivered in this case, being for the first time before, this court, and of much practical importance, we have given to the argument and authorities cited, on behalf of the appellant, for a re-hearing or modification of the opinion, a patient, and, we trust, thorough investigation.
It is insisted by the appellant’s counsel, that the object of the provisions of the Code requiring security for costs of the appeal (§ 1898), and declaring that “no appeal can be taken without giving bond,” <fcc., or “ security for the cost of…
2Cases cited2 opinions
- Yarborough v. DeshazoSupreme Court of Virginia · 1851
- Ford v. CommonwealthCourt of Appeals of Kentucky · 1835
3Cited by6 opinions
- Scroggins v. Alabama Gas CorporationSupreme Court of Alabama · 1963
- Thompson v. LeaSupreme Court of Alabama · 1856
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Mays v. KingSupreme Court of Alabama · 1856
- Williams v. StateSupreme Court of Alabama · 1855
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