Lowry's Administrator v. Newsom
Supreme Court of Alabama
Appeal from the Probate Court of Perry. In the matter of the estate of William Lowry, on the petition of James T. Newsom and wife, distributees, for a scire facias to revive a decree rendered against tbe administrator, Isaiah Lowry, on final settlement of his accounts in said probate court.
Read the full summary
Appeal from the Probate Court of Perry. In the matter of the estate of William Lowry, on the petition of James T. Newsom and wife, distributees, for a scire facias to revive a decree rendered against tbe administrator, Isaiah Lowry, on final settlement of his accounts in said probate court. The scire facias, or citation, was issued on the 13th March, 1873, and was in these words, omitting the caption: “ You are hereby commanded to summon Isaiah Lowry, to appear in and before the probate court to be held for Perry county, at the court-house in the town of Marion, on the 28th day oil April,…
1Opinion of the CourtBrickell, J.
The statute authorizes the revival by scire facias of a decree of the court of probate, on which an execution has not been sued out within one year after its rendition. R. C. § 2830. The process issued in this case was intended as a scire facias under this statute, but it is very defective, and subject to demurrer on several grounds. Our inquiry is, however, limited to the causes of demurrer, specially assigned. If these are not well taken, other defects, however apparent, cannot avail the appellant.
The first cause of demurrer assigned is, that by the terms of *572said scire facias the defendant…
2Cases cited1 opinion
- Miller v. ShackelfordSupreme Court of Alabama · 1849
3Cited by1 opinion
- In re the Final Judicial Settlement of the Account of Proceedings of TeedNew York Surrogate's Court · 1923