Clemens v. Walker
Supreme Court of Alabama
Appeal from tbe Probate Court of Madison. In tbe matter of tbe estate of James Clemens, deceased, on tbe application of James L. Clemens for tbe revocation of letters of administration previously granted by said court to L. P. Walker and B. C. Brickell. Tbe petition was filed on tbe 3d March, 1866, and was under oatb.
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Appeal from tbe Probate Court of Madison. In tbe matter of tbe estate of James Clemens, deceased, on tbe application of James L. Clemens for tbe revocation of letters of administration previously granted by said court to L. P. Walker and B. C. Brickell. Tbe petition was filed on tbe 3d March, 1866, and was under oatb. Its allegations were in tbe following words : “1st, That James Clemens, wbo was at tbe time of bis death an inhabitant of said county, died, testate, on tbe — day of-, 1860; that bis will was probated in said court, on tbe — day of-, 1861; that tbe executors bad (?) therein…
1Opinion of the Court
BYRD, -J.
The appellees move to dismiss the appeal, on the ground that thé law does not authorize an appeal in such proceeding, and from such an order, as this record shows. The motion must be overruled, under the provisions of the act approved December 12th, 1857, (Pamph. Acts, p. 244,) and upon the authority of the cases of Curtis v. Williams, 33 Ala. 571, and Curtis v. Burt, 34 Ala. 729. These cases are almost identical with this one, as respects the question of appeal. It is true, the question was not made in those cases; but, as this court took jurisdiction, they must be taken as…
2Cases cited6 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Moseley's Adm'r v. MastinSupreme Court of Alabama · 1861
- Kirksey v. FikeSupreme Court of Alabama · 1856
- Curtis v. BurtSupreme Court of Alabama · 1859
- Robinson v. RobinsonSupreme Court of Alabama · 1847
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3Cited by3 opinions
- State v. GagerHawaii Supreme Court · 1962
- Brock's Administrator v. FrankSupreme Court of Alabama · 1874
- State v. GagerHawaii Supreme Court · 1962