Holtzclaw v. Ware
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. IN this ease, Charles T. Pollard, James T. Holtzclaw and N. W. Cocke, executors of the last will and testament of Thomas M. Cowles, deceased, who were relieved by an express provision in their testator’s will from giving bond for the faithful discharge of their duties as such executors, were required by an order of said probate court, granted on the application of one Robert J. Ware, a creditor of the estate, to give bond with…
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Appeal from the Probate Court of Montgomery. IN this ease, Charles T. Pollard, James T. Holtzclaw and N. W. Cocke, executors of the last will and testament of Thomas M. Cowles, deceased, who were relieved by an express provision in their testator’s will from giving bond for the faithful discharge of their duties as such executors, were required by an order of said probate court, granted on the application of one Robert J. Ware, a creditor of the estate, to give bond with sureties, in the penal sum of $1,000,000, by the 15th September, 1857. Pollard gave bond within the prescribed time, and…
1Opinion of the CourtA. J. Walker, C. J.
The appellant took his appeal in this ease from an order of the probate court removing him as executor. This appeal was taken after the expi*308ration of five clays, tbe time allowed for taking an appeal under such an order. The appellee makes no motion to dismiss the appeal, and we have no evidence that he desires a dismissal. Our attention has been called to the subject by the motion, in open court, of counsel representing neither'of the parties. We assert, and will endeavor to maintain, that it is the duty of the court, when it perceives that this appeal is thus taken after the expiration of…
2Cases cited3 opinions
- Davis v. PackardSupreme Court of the United States · 1833
- Jehiel Brooks, in Error v. Samuel NorrisSupreme Court of the United States · 1851
- Thompson v. LeaSupreme Court of Alabama · 1856
3Cited by4 opinions
- Shuttle & Weaver Land & Improvement Co. v. BarkerSupreme Court of Alabama · 1912
- Lanier v. RussellSupreme Court of Alabama · 1883
- Alabama Coal & Navigation Co. v. StateSupreme Court of Alabama · 1875
- Lusk v. CapehartSupreme Court of Alabama · 1900