Ex parte Henry
Supreme Court of Alabama
Application for mandamus to the Circuit Court of Coosa, in the matter of a*contested will; the Hon. Thos. A. Walker presiding in the court below, to which the cause had been removed from the Court of Probate of Talladega.
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Application for mandamus to the Circuit Court of Coosa, in the matter of a*contested will; the Hon. Thos. A. Walker presiding in the court below, to which the cause had been removed from the Court of Probate of Talladega. The application is based on the following facts, as appears from the bill of exceptions contained in the transcript which is submitted as part of the application: William McPherson propounded for probate a paper purporting to be the last will and testament cf Edward Henry, deceased; which was contested by Edward Henry, the petitioner. The counsel for the parties agreed, in…
1Opinion of the CourtChilton, C. J.
The counsel for the motion, being dissatisfied with the opinion expressed at the last term of this court, filed his application for a re-hearing ; and not having time to give it that examination which the importance of the case and the principle involved demanded (the application having been made on the eve of the adjournment of the court), we deemed it best to set aside the judgment, and hold the case under advisement, to afford us an opportunity for a more thorough investigation.
We. have accordingly looked into the authorities cited, and many others not brought to our notice by the counsel;…
2Cases cited1 opinion
- Ex parte CaykendollNew York Supreme Court · 1826
3Cited by11 opinions
- McCauley v. StateSupreme Court of Alabama · 1855
- Ex parte SchmidtSupreme Court of Alabama · 1878
- Little v. SuggSupreme Court of Alabama · 1942
- Todd v. OrrSupreme Court of Oklahoma · 1914
- Ex Parte HartwellSupreme Court of Alabama · 1939
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