Bartee v. James
Supreme Court of Alabama
Appeal from the Probate Court of Chambers. In the matter of the estate of Sylvester James, deceased, on final settlement of the accounts of Lee L. James, the administrator, who was cited to a settlement by James L. Bartee and wife; Mrs. Bartee having been the intestate’s widow.
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Appeal from the Probate Court of Chambers. In the matter of the estate of Sylvester James, deceased, on final settlement of the accounts of Lee L. James, the administrator, who was cited to a settlement by James L. Bartee and wife; Mrs. Bartee having been the intestate’s widow. The several assignments of error, together with the material facts on which they are predicated, are as follows: “ 1. That the court erred in refusing to suppress the depositions of Hiram James and William G-. James, on motion of the appellants, as shown by the bill of exceptions.” The motion to suppress these…
1Opinion of the CourtBice, C. J.
—This is one of the appeals which section 1891 of the Code requires us to try on the hill of exceptions.—Turner and Wife v. Key’s Adtn’r, 31 Ala. 202.
“The rule is well settled, that a party, asking the action of the court on any subject, must be prepared to sustain the action demanded in the precise terms in which the request is made; and the refusal of a court to act in the manner requested will not be error, although a portion of the request might have been properly granted, and should have been, if asked independent of the other part.”—Carmichael v. Brooks, 9 Porter, 330.
Under that rule,…
2Cases cited3 opinions
- Walker v. SmithSupreme Court of Alabama · 1856
- Carmichael v. BrooksSupreme Court of Alabama · 1839
- Turner v. Key's Adm'rSupreme Court of Alabama · 1857
3Cited by7 opinions
- Potts v. ColemanSupreme Court of Alabama · 1888
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1887
- Hicks v. LawsonSupreme Court of Alabama · 1863
- Alford v. EubankSupreme Court of Alabama · 1870
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