McElroy v. McElroy
Supreme Court of Alabama
ERROR to the Orphans’ Court of Dfllas. This was a proceeding in the Orphans’ Court of Dallas county, upon the last will and testament of James McElroy, the probate of which was contested, on the ground, that the deceased was not of sound mind and disposing memory; and that the will was obtained by undue influence; and a jury being impannelled to try the issues joined between the parties, found in favor of the contestants, and thereupon tire court decreed that probate of the…
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ERROR to the Orphans’ Court of Dfllas. This was a proceeding in the Orphans’ Court of Dallas county, upon the last will and testament of James McElroy, the probate of which was contested, on the ground, that the deceased was not of sound mind and disposing memory; and that the will was obtained by undue influence; and a jury being impannelled to try the issues joined between the parties, found in favor of the contestants, and thereupon tire court decreed that probate of the will be refused, and that the paper propounded as a will, be set aside, and held for nought. This decree and verdict,…
1Opinion of the CourtOrmond, J.
In England, and in some of the States of the Union, it appeal’s that the power of granting a new trial, after a trial upon the merits of the case, is denied to the inferior courts, *83The reason of this, appeal's to be, that these courts are under the supervision and control of the superior courts, and that when the cause is removed to the higher tribunal, it is tried de novo. [Barr v. White, 2 Porter, 342;] The People v. The Justices of the Del. Com. Pleas, 1 Johns. Cases, 181; Tidd Pr. 816; 1 Burr. 568.]
That branch of the jurisdiction of the county court which is popularly called the Orphans’…
2Cases cited1 opinion
- Barr v. WhiteSupreme Court of Alabama · 1835
3Cited by7 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Batson v. BatsonSupreme Court of Alabama · 1928
- In re CarmichaelSupreme Court of Alabama · 1860
- Coleman v. Robertson's ExecutorsSupreme Court of Alabama · 1849
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