Forrester v. Forrester
Supreme Court of Alabama
Appeal from tbe Probate Court of Tuskaloosa. In tbe matter of tbe petition of Mrs. Sarab Forrester, for an assignment of dower in tbe real estate of ber deceased husband, William Forrester.
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Appeal from tbe Probate Court of Tuskaloosa. In tbe matter of tbe petition of Mrs. Sarab Forrester, for an assignment of dower in tbe real estate of ber deceased husband, William Forrester. Tbe petitioner resided in Georgia, and filed ber petition on tbe 1st October, 1859. Tbe probate court dismissed tbe petition, for want of security for costs; but its decree was reversed by this court, on appeal, at its January term, 1860, and tbe cause was remanded. —See tbe ease reported in 35 Ala. 591. Another decree was rendered by the probate court, in Jujy, 1860, granting dower to the petitioner; but…
1Opinion of the CourtA. J. Walker, C. J.
Eor more than a year after tbe certificate of tbe reversal of a former decree in tbis case was received by tbe probate judge, no step whatever was taken in tbe cause, but it appears to bave remained without notice or attention, either by the court or tbe parties. Under tbe later decisions of tbis court, it is well settled, tbat such facts do not constitute a discontinuance. No mere neglect of tbe Court to docket tbe cause and call it for trial, or mere omission of counsel to cause it to be docketed and called for trial, can, under our decisions, operate a discontinuance. But it would be…
2Cases cited6 opinions
- Drinkard v. StateSupreme Court of Alabama · 1852
- Harrall v. StateSupreme Court of Alabama · 1855
- Ex parte RemsonSupreme Court of Alabama · 1857
- Wiswall v. GliddenSupreme Court of Alabama · 1842
- Doe ex dem. Brown v. ClementsSupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ward v. Saben Appliance Co.Supreme Court of Alabama · 1980
- Ex parte WilliamsSupreme Court of Florida · 1890
- Malone & Foote v. MarriottSupreme Court of Alabama · 1879
- Ex parte GarlandSupreme Court of Alabama · 1868
- Phillips v. ReavesSupreme Court of Alabama · 1935
9 more not listed; retrieve them via the Exa API.