Walsh v. Hill
Supreme Court of Alabama
Settlement of Estate. Appeal from Mobile Probate Court.' Heard before Hon. Price Williams, Jr. Petition by Callie White by her guardian Edward Walsh and Emma 'Green to have the letters of administration upon the estate of William White issued to Fannie Hill revoked and annulled. From a decree denying the petition Callie White appeals.
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Settlement of Estate. Appeal from Mobile Probate Court.' Heard before Hon. Price Williams, Jr. Petition by Callie White by her guardian Edward Walsh and Emma 'Green to have the letters of administration upon the estate of William White issued to Fannie Hill revoked and annulled. From a decree denying the petition Callie White appeals. Appellant contends that the proceedings in the court below and on appeal are against Fannie Hill, and the motion here made is by her in her representative capacity (Lucas v. Pittmm, 94 Ala. 616), and therefore, the motion should not be considered, — E. G. M. ■&…
1Opinion of the CourtDowdell, C. J.
This cause is submitted on its merits and on motion of the appellee to dismiss the appeal. The decree of the probate court appealed from is a joint decree against the appellant, Callie White, and Emma Green, and rendered upon a petition jointly filed by them. The present appeal is taken and prosecuted in the name of Callie White, by her guardian ad litem, alone.
“When one defendant wishes to revise a judgment rendered against himself jointly with others, he has a right to use their names for this purpose; but, if they are unwilling to join in assigning errors, they must be summoned after the…
2Cases cited3 opinions
- Moore c. McGuireSupreme Court of Alabama · 1855
- Savage v. WalshSupreme Court of Alabama · 1854
- Deslonde v. CarterSupreme Court of Alabama · 1856
3Cited by3 opinions
- White v. HillSupreme Court of Alabama · 1912
- Southern Railway Co. v. IrvinSupreme Court of Alabama · 1915
- Williams v. Jefferson CountySupreme Court of Alabama · 1954