Ex parte Lyon
Supreme Court of Alabama
Application by petition by Francis S. Lyon, as administrator of the estate of Edwin A. Glover, deceased, for a writ of prohibition from this court to the Chancery Court of Marengo, to vacate and annul a decree rendered by that court at its June term, 1877, Hon. A. W. Dillard presiding as chancellor, in a certain cause then pending in said court, wherein Thomas J. Foster, as special administrator of the estate of said Edwin A. Glover, was complainant, and said F. S. Lyon and…
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Application by petition by Francis S. Lyon, as administrator of the estate of Edwin A. Glover, deceased, for a writ of prohibition from this court to the Chancery Court of Marengo, to vacate and annul a decree rendered by that court at its June term, 1877, Hon. A. W. Dillard presiding as chancellor, in a certain cause then pending in said court, wherein Thomas J. Foster, as special administrator of the estate of said Edwin A. Glover, was complainant, and said F. S. Lyon and others were defendants. The petition alleged these facts: 1. That Thomas J. Foster was appointed by the Probate Court of…
1Opinion of the CourtStone, J.
It is declared in the Code of 1876 (§ 2625), that “In all proceedings in the Probate and Chancery Courts, . . . where the estate of a deceased person must be represented, and there is no executor nor administrator of such estate, or the executor or administrator thereof is interested adversely thereto, it shall be the duty of the judge of the court in which such proceeding is had to appoint an administrator ad litem of such estate, for the particular proceeding, and without requiring a bond of him.” Section 2626 : “ Whenever, in such proceedings, the estate represented by such administrator…
2Cases cited4 opinions
- Ex parte WalkerSupreme Court of Alabama · 1854
- Ex parte GreeneSupreme Court of Alabama · 1856
- Ex parte SmithSupreme Court of Alabama · 1853
- Moore v. RandolphSupreme Court of Alabama · 1875
3Cited by9 opinions
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1907
- Ex Parte State Ex Rel. KnightSupreme Court of Alabama · 1934
- Riley v. McElroySupreme Court of Alabama · 1945
- Holly v. Bass' Adm'rSupreme Court of Alabama · 1879
- Campbell v. DurandUtah Supreme Court · 1911
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