Lister v. Vivian
Supreme Court of Alabama
Error to the County court of Washington. Proceedings by commissioners appointed in lieu of the. Orphan’s court, where the judge was interested. Execution issued against plaintiff in error. The record recited, that John James, Joseph Black and John H. Owen, were appointed commissioners by “ the circuit judge, to settle the estate of the late Charles Yivi-an, with Joseph D. Lister, esquire, administrator of said estate, and judge of the County court of Washington county.”
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Error to the County court of Washington. Proceedings by commissioners appointed in lieu of the. Orphan’s court, where the judge was interested. Execution issued against plaintiff in error. The record recited, that John James, Joseph Black and John H. Owen, were appointed commissioners by “ the circuit judge, to settle the estate of the late Charles Yivi-an, with Joseph D. Lister, esquire, administrator of said estate, and judge of the County court of Washington county.” And further, “ that at an adjourned term of an Orphan’s court, held in and for said county, on the twenty-second day of…
1Opinion of the CourtCollier, C. J.
— The authority of the commissioners to adjust the administration accounts of the plaintiff, it is said is founded on the order of the judge of the Circuit court, and the right of the judge of the Circuit court to appoint them, is deduced from the first section of the act of eighteen hundred and thirty-three, (Aik. Dig. p. 253, s. 41,) which is as follows:
“ In all settlements hereafter to be made by executors, administrators or guardians, with the Orphan’s court, in which the judge of said court may have been employed as counsel, or may be otherwise interested in such settlement, it shall be…
2Cited by3 opinions
- Wilson v. WilsonSupreme Court of Alabama · 1860
- Edge v. EdgeCourt of Civil Appeals of Alabama · 1986
- Woodruff v. Bank of AlabamaSupreme Court of Alabama · 1842