Shortridge v. Easley
Supreme Court of Alabama
Error to the Orphans’ Court of Talladega. The plaintiff in error was one of the predecessors of defendant in the administration of the intestate’s estate, which had been reported insolvent, and insisted upon the right to retain from the assets of the estate, an account, amounting to more than $2200, which he affirmed the intestate was indebted to him at the time of his death.
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Error to the Orphans’ Court of Talladega. The plaintiff in error was one of the predecessors of defendant in the administration of the intestate’s estate, which had been reported insolvent, and insisted upon the right to retain from the assets of the estate, an account, amounting to more than $2200, which he affirmed the intestate was indebted to him at the time of his death. Upon the settlement of the demands presented, an issue was made up between the plaintiff and defendant, that the justness, &c. of the plaintiff’s claim might be adjudicated, and the right of retention settled. After…
1Opinion of the CourtCollier, C. J.
It is provided by statute, that from any judgment or order final of the county or orphans’ court, whether in vacation or term time, an appeal, or writ of error shall lie to the circuit, or supreme court, in the same manner as upon judgments of the circuit courts. [Clay’s Dig. 297, § 4.] The counsel for the defendant in error is mistaken in supposing that the entire account has not been passed on; a mistake doubtless induced by associating the plaintiff’s claim against the estate, with the account current, showing the administration of the plaintiff and his co-administrator; both of which are…
2Cited by4 opinions
- Bartol v. CalvertSupreme Court of Alabama · 1852
- Carhart, Bros. & Co. v. Clark's Adm'rSupreme Court of Alabama · 1858
- Brasher v. LyleSupreme Court of Alabama · 1848
- McNeil v. Macon's Admr.Supreme Court of Alabama · 1852