Kidd v. Josiah Morris & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Elmore. Heard before the Hon. J. R. Dowdell. The bill in this case was filed by J. A. Lancaster, M. N. Due and Louis A. Bates, as special administrators of the'estate of Horatio B. Tulane, against Josiah 31 orris & Company, a firm composed of F. 31. Billing, F. 31. Billing individually, and 3IcKinnev Thomas.
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Appeal from the Chancery Court of Elmore. Heard before the Hon. J. R. Dowdell. The bill in this case was filed by J. A. Lancaster, M. N. Due and Louis A. Bates, as special administrators of the'estate of Horatio B. Tulane, against Josiah 31 orris & Company, a firm composed of F. 31. Billing, F. 31. Billing individually, and 3IcKinnev Thomas. It was averred in the bill that said Tulane died in October, 1897, and that the complainants were appointed as special administrators of his estate pending the application for the probate of his will, and were acting as such administrators at the time of…
1Opinion of the Court
TYSON, J.-
-The original bill in this cause was filed by the special administrators of the estate of Tulane. On the 8th day of September, 1898, a final decree was rendered dismissing the bill. On the 31st day of July, 1899/ this appellant, as executrix of the estate of Tulane, appeared before the register and prayed an appeal to this court from the decree dismissing the bill, and filed her appeal bond, which was approved by him and the appeal allowed, it appears in the order entered by the register allowing the appeal, that the term of office of the special administrator had expired. The…
2Cases cited13 opinions
- Howell v. CardenSupreme Court of Alabama · 1891
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- Coal City Coal & Coke Co. v. Hazard Powder Co.Supreme Court of Alabama · 1895
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- Milstid v. PenningtonCourt of Appeals for the Fifth Circuit · 1959
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