In re Carmichael
Supreme Court of Alabama
Appeal from tbe Probate Court of Talladega. In the matter of Malcolm Carmichael, on tbe petition of bis brother, Daniel Carmichael, to have him declared 'ñon compos mentis. The -principal matters here assigned as error are the several rulings of the court on the trial, which are thus stated in the bill of exceptions : “ The petitioner introduced as á witness one Geo. McD.
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Appeal from tbe Probate Court of Talladega. In the matter of Malcolm Carmichael, on tbe petition of bis brother, Daniel Carmichael, to have him declared 'ñon compos mentis. The -principal matters here assigned as error are the several rulings of the court on the trial, which are thus stated in the bill of exceptions : “ The petitioner introduced as á witness one Geo. McD. Patterson, who testified, that he had known the defendant sixteen or seventeen years; that he now lives about fifteen miles from him, and knows him as intimately as he knows his other neighbors; that he lived within four or…
1Opinion of the CourtStoke, J.
As this case must be reversed on several of the rulings of the court, after noticed, we will not de*522ciclo whether the verdict was sufficient. We will state, however, that, as no record is made in the probate court of the fact that the person is idiot, lunatic, or non compos mentis, other than that afforded by the recording of the petition and proceedings thereon, it would be the safer and more satisfactory practice to have the verdict in ihe very language of the statute, or its substance. — Code, §2753; Lary v. Craig, 30 Ala. 631.
[2.] We clo not subscribe to the proposition, that the term non…
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