Moore v. Baker
Supreme Court of Alabama
Appeal from tbe Probate Court of Walker. In tbe matter of .tbe final settlement of tbe accounts and vouchers of Alvin R. Baber, as guardian of Nancy M. Moore, at tbe instance of tbe said Nancy M. and her husband, James M. Moore.
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Appeal from tbe Probate Court of Walker. In tbe matter of .tbe final settlement of tbe accounts and vouchers of Alvin R. Baber, as guardian of Nancy M. Moore, at tbe instance of tbe said Nancy M. and her husband, James M. Moore. Tbe citation was issued on tbe 26th September, 1860; and tbe settlement was bad, after several continuances, on tbe 16th December, 1861. There is no bill of exceptions in tbe record, except as shown by tbe following recitals in tbe decree: “ On tbe final settlement of said guardianship, the' counsel for tbe ward objected to tbe record which purports to be several…
1Opinion of the CourtA. J. Walker, C. J.
This case must be tried upon the transcript returned to this court in obedience to the cer-tiorari, which is conformable to the rule in the dimensions of the paper, and in the mode of its preparation. It is not tried upon the transcript first returned to this court, which is not in any way conformable to the rule, and which was rejected. It is proper to remark, however, that if the matter which seems to have been improperly copied in the bill of exceptions in the first transcript, be excluded from consideration, it would not materially differ in its contents from that retened in obedience to…
2Cases cited2 opinions
- Duke's Adm'r v. Duke's DistributeesSupreme Court of Alabama · 1855
- Ward v. Cameron's Adm'rsSupreme Court of Alabama · 1861