Earle v. Juzan
Supreme Court of Alabama
Error to the Circuit Court of Washington. This proceeding was commenced in the County Court of Washington by the petition of the defendant in error, to have dower assigned her in the lands of her husband, upon which the Court made an order, that a writ issue to the sheriff, commanding him to summon five freeholders, to lay off and ad-measure to the petitioner, her dower in the lands mentioned in the petition, who accordingly proceeded to admeasure the dower.
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Error to the Circuit Court of Washington. This proceeding was commenced in the County Court of Washington by the petition of the defendant in error, to have dower assigned her in the lands of her husband, upon which the Court made an order, that a writ issue to the sheriff, commanding him to summon five freeholders, to lay off and ad-measure to the petitioner, her dower in the lands mentioned in the petition, who accordingly proceeded to admeasure the dower. From this order a writ of error was prosecuted by the plaintiff in error to the Circuit Court of Clarke county,- which dismissed the…
1Opinion of the CourtOrmond, J.
— It does not appear from the record, that the plaintiff in error was a party to this proceeding in the County Court, and it is very clear, therefore,' that he cannot prosecute a writ of error to reverse the order of the County Court.
The petition of the defendant in error, appears to be very defective ; it does not state who are the heirs, or the tenants of the freehold, nor does it appear that any suggestion was made to the Court who they were, or notice given to them to appear and defend. Nor does it appear that notice was given to the executor, or administrator, to appear and contest the…
2Cited by4 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
- Ex parte City of BirminghamSupreme Court of Alabama · 1917
- Johnson v. DuncanSupreme Court of Alabama · 1956