Jones v. Jones
Supreme Court of Alabama
Appeal from Limestone Probate Court. Heard before Hon. George Malone. D. Clay Jones filed for probate the will of E. A. Jones. Webster L. Jones filed a contest, and from a judgment admitting the will to probate, be'appeals.
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Appeal from Limestone Probate Court. Heard before Hon. George Malone. D. Clay Jones filed for probate the will of E. A. Jones. Webster L. Jones filed a contest, and from a judgment admitting the will to probate, be'appeals. Counsel discuss the merits of the case and cites authorities in support of his contention, he also discusses the motion to strike the bill of exceptions and states the facts, surrounding its ’filing and signing, but cites no authority.’ Co.unsel discuss the motion to strike the hill of exceptions, but without citation of authority.
1Opinion of the Court
MAYFIELD, J
It is to be regretted that the bill of exceptions in this case has,to be stricken upon the motion of appellee. The judgment or decree appealed from was entered April 24, 1908, by the probate court. This was six days before the new Code became operative,. The appellant, being doubtful as to whether, the old Code or the new controlled as to the bill of exceptions, attempted to comply with the provisions of both. The probate judge evidently thought the new Code controlled, and acted under its provisions, and consequently the bill was presented and signed within the time prescribed by…
2Cited by1 opinion
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