Legal Opinion

Ex parte Harrison

Supreme Court of Alabama

Decided January 15, 1845PublishedCited by 4 opinions

The petitioners represent that they are entitled to five-eighths of the personal estate of R. B. Harrison, deceased, and that the remainder belongs to Kirkland Harrison, the administrator, James Harrison, and the representatives of Mary Moores, deceased.

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The petitioners represent that they are entitled to five-eighths of the personal estate of R. B. Harrison, deceased, and that the remainder belongs to Kirkland Harrison, the administrator, James Harrison, and the representatives of Mary Moores, deceased. That it appears from the inventory returned by the administrator, to the Orphans’ Court of Dallas, and other evidence, that the estate consisted of about one hundred and eighty slaves, besides other personal assets, amounting to thirty or forty thousand dollars, &c. The petitioners had heretofore united with James Harrison, Charles Moores,…

1Opinion of the Court

COLLIER, G. J.

It is provided by statute, that from any judgment, or order final of the Orphans’ Court, whether in vacation or term time, an appeal or writ of error, shall lie to the Circuit or Supreme Court, in the same manner as upon judgments of the Circuit Courts. [Clay’s Dig. 297, § 4.] The important inquiry in the present case is, whether the order of the Orphans’ Court is final, within the meaning of the act cited.

The case of Merrill v. Jones, 8 Porter’s Rep. 554, is supposed by the petitioners’ counsel, to be similar to the one before *739us. There, it was alledged, that the administrator…

2Cases cited1 opinion

  1. Weatherford v. JamesSupreme Court of Alabama · 1841

3Cited by4 opinions

  1. Fidelity & Deposit Co. v. BowenSupreme Court of Iowa · 1904
  2. Andrews v. HallSupreme Court of Alabama · 1848
  3. Watt's Adm'r v. Watt's DistributeesSupreme Court of Alabama · 1861
  4. Fidelity Deposit Co. of Maryland v. SlussIndiana Supreme Court · 1938

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