McLendon v. Stephens
Supreme Court of Alabama
Appeal from Jackson Probate Court. Heard before Hon. C. L. Cargile. This cause is an appeal taken by the contestants of a will from the decree of the probate court rendered on the c. ntest.
Read the full summary
Appeal from Jackson Probate Court. Heard before Hon. C. L. Cargile. This cause is an appeal taken by the contestants of a will from the decree of the probate court rendered on the c. ntest. There was no effort to show any errors in the court in the contest proceedings; but the matter insisted on as error is simply that the judge before whom the contest was tried did not make the entry of decree on the minutes of the court at the time the contest was had, and not until ' some time after his term, of office liad expired and his successor had qualified and taken charge of the office. There was…
1Opinion of the CourtSharpe, J.
— This appeal is from a decree of the probate court which purports on its face to have been regularly entered on the 3rd day of November, 1898, at the conclusion of a trial involving a contested application to probate a will in which there was a verdict in favor of the proponents.
The matter assigned for error appears only by Avhat is called a bill of exceptions and consists of the supposed unauthorized action of the probate judge on the 25th day of November, 1898, in then causing the decree to be Avritten for the first time upon the .records.
The bill of exceptions recites among other things…
2Cases cited2 opinions
- David's Adm'r v. DavidSupreme Court of Alabama · 1876
- Holdsombeck v. FancherSupreme Court of Alabama · 1895
3Cited by1 opinion
- Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921