Lilly v. Larkin
Supreme Court of Alabama
Appeal from the Probate Court of Jackson. This was a petition, as the bill of exceptions states, “ by W. B. Larkin and John Y. Gross, to Complete a minute-entry and decree of an annual settlement of their administration of the estate of Edward H. Dillard, deceased, alleged to have been made on the 15th July, 1861.” The petition was filed on the 21st December, 1876, and was verified by affidavit; and notice having been given to the heirs and distributees of said Dillard’s…
Read the full summary
Appeal from the Probate Court of Jackson. This was a petition, as the bill of exceptions states, “ by W. B. Larkin and John Y. Gross, to Complete a minute-entry and decree of an annual settlement of their administration of the estate of Edward H. Dillard, deceased, alleged to have been made on the 15th July, 1861.” The petition was filed on the 21st December, 1876, and was verified by affidavit; and notice having been given to the heirs and distributees of said Dillard’s estate, they appeared, and filed a joint and several answer, denying “ that said petitioners, as administrators, ever made…
1Opinion of the CourtSomerville, J.
In this State, the English rule has always been followed, in reference to making amendments nunc pro tunc of court records. The uniform practice has been, to allow such amendments on ex-parte application, without notice to the opposite party. But they can be had only on matters of record, or quasi of record, and parol evidence is never admissible in aid of such a motion; although a contrary and more liberal rule has been adopted in a majority of the American States.—Summersett v. Summersett, 40 Ala. 596; Nabers v. Meredith, at present term ; Freeman on Judg; § 72. But the practice is well…
2Cases cited3 opinions
- Thompson v. MillerSupreme Court of Alabama · 1830
- Adkinson v. KeelSupreme Court of Alabama · 1854
- Summersett v. Summersett's Adm'rSupreme Court of Alabama · 1867
3Cited by3 opinions
- Wyatt v. StateAlabama Court of Appeals · 1951
- Browder v. FaulknerSupreme Court of Alabama · 1886
- Wyatt v. StateAlabama Court of Appeals · 1951