Deslonde v. Carter
Supreme Court of Alabama
Appeal from the Court of Probate of Clarke. In the matter of the last will and testament of John Dar-rington, deceased, which was propounded for probate by Edmund A. Deslonde and Robert D. James, as executors, and was resisted by the appellees.
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Appeal from the Court of Probate of Clarke. In the matter of the last will and testament of John Dar-rington, deceased, which was propounded for probate by Edmund A. Deslonde and Robert D. James, as executors, and was resisted by the appellees. An issue being made up, and submitted to a jury, who returned a verdict against the validity of the will, the court rendered judgment against “ the plaintiffs, or proponents”, for the costs of their witnesses, and disallowed the probate of the will. The minute entry then proceeds as follows: “Thereupon came Edmund A. Deslonde, one of the proponents of…
1Opinion of the CourtStone, J.
Motion in this case is made by the appellees to dismiss the appeal. The ground urged is, that the appeal bond does not conform to the case in the court below, — and that therefore there is no proper security for costs.. In Moore v. McG-uire, 26 Ala. 461, the rule is laid down, that “ when there are several defendants, against whom a joint judgment is rendered, or a joint duty imposed by the decree of the court, they can not sue out separate appeals.” This is a very recent ¿^position of the rule, and we are satisfied with it. Under its authority, if one defendant, thus circumstanced, sue out a…
2Cases cited2 opinions
- Moore c. McGuireSupreme Court of Alabama · 1855
- Savage v. WalshSupreme Court of Alabama · 1854
3Cited by4 opinions
- Spokane & Idaho Lumber Co. v. LoyWashington Supreme Court · 1899
- Williams v. Jefferson CountySupreme Court of Alabama · 1954
- Marshall v. CroomSupreme Court of Alabama · 1874
- Walsh v. HillSupreme Court of Alabama · 1910