Shadden v. Sterling's Admr's
Supreme Court of Alabama
Error, to the Court of Probate of Benton. The record shows that the defendants in error, Whiteside and Griffin, were appointed administrators of the estate of John K. Sterling, deceased, in August, 1836, and that they returned an inventory of the estate in October of that year. On the 4th January, 1838, they reported the estate insolvent, which report was received by the court, and ordered to be recorded.
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Error, to the Court of Probate of Benton. The record shows that the defendants in error, Whiteside and Griffin, were appointed administrators of the estate of John K. Sterling, deceased, in August, 1836, and that they returned an inventory of the estate in October of that year. On the 4th January, 1838, they reported the estate insolvent, which report was received by the court, and ordered to be recorded. The next entry, dated January 6, 1838, recites that the administrators had that day filed their accounts and vouchers for final settlement, and thereupon the court ordered publication to be…
1Opinion of the CourtPhelan, J.
The refusal of the probate judge of Benton to proceed with the settlement of the accounts of Griffin and Whiteside, as administrators of Sterling-, to which they had been cited by him at the instance of Shadden, one of the creditors, and the dismissal of the citation, is neither an interlocutory nor final order or decree from which a writ of error will lie. The writ of error will, therefore, have to be dismissed.— The case is not unlike that of Brennan v. Harris, 20 Ala. 185.
But a mandamus is prayed for in this event, and we are called upon to examine the grounds upon which the refusal to…
2Cases cited7 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Martin v. BaldwinSupreme Court of Alabama · 1845
- Branch Bank at Huntsville v. SteeleSupreme Court of Alabama · 1847
- McLaughlin v. Creditors of NelmsSupreme Court of Alabama · 1846
- Brennan's Adm'r v. HarrisSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davis v. DavisMissouri Court of Appeals · 1895
- Capell v. LandanoSupreme Court of Alabama · 1859
- Steele v. DonehooSupreme Court of Alabama · 1897