Bondurant v. Thompson's Distributees
Supreme Court of Alabama
Error to the Orphans’ Court of Marengo. Before the Hon. James A. Young, Judge. This was a proceeding by defendants against plaintiff in error, to compel a settlement of his administration of the estate of Nicholas W. Thompson.
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Error to the Orphans’ Court of Marengo. Before the Hon. James A. Young, Judge. This was a proceeding by defendants against plaintiff in error, to compel a settlement of his administration of the estate of Nicholas W. Thompson. The plaintiff, as sheriff of Marengo, was, in 1836, appointed kdministrator of said estate, and received as assets of the estate, notes on various persons to an amount exceeding ¡$700. He also, between the years 1836 and 1838, received $ 197 for rent of the land of which his intestate died seized. His term of office expired in August, 1838, at which time the notes…
1Opinion of the CourtChilton, J.
1. We cannot regard the bill of exceptions in this case, which was sealed more than eighteen months after the final trial, but if we could, it is perfectly clear, that the court below could not properly have made the amendment desired by the motion of the.plaintiffs in error. There is nothing in the record by which to amend, and it is well settled that an amendment cannot be predicated upon *204matter dehors the record. Beuford v. Daniels, 13 Ala. 667, where the authorities are cited. The county court did not therefore err in overruling the motion.
2. In Watson et al. v. McClanahan, Ex’r, 13 Ala.…
2Cases cited5 opinions
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Thomas v. WhiteCourt of Appeals of Kentucky · 1823
- Benford v. DanielsSupreme Court of Alabama · 1848
- Kidd v. PorterSupreme Court of Alabama · 1848
- Watson v. McClanahanSupreme Court of Alabama · 1848
3Cited by9 opinions
- DuBoise v. DuBoiseSupreme Court of Alabama · 1963
- Harris v. ParkerSupreme Court of Alabama · 1868
- Gantt's Adm'r v. PhillipsSupreme Court of Alabama · 1853
- Smith's Distributees v. KingSupreme Court of Alabama · 1853
- Metcalf v. MetcalfSupreme Court of Alabama · 1851
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