Bohannan v. Watts
Supreme Court of Alabama
Error to the Orphans’ Court of Dallas. 1. The orphans’ court had no authority to settle with, or discharge the defendants in in error, for the administration of their deceased testator, on the estate of James Wade, deceased.
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Error to the Orphans’ Court of Dallas. 1. The orphans’ court had no authority to settle with, or discharge the defendants in in error, for the administration of their deceased testator, on the estate of James Wade, deceased. Taliaferro, Adm’r, v. Bassett and wife, 3 Ala. 670 ; Snedicor v. Carnes, 8 Ib. 655. 2. There is no limitation to suing out a writ of error from the orphans’ or chancery court, except in certain special cases, in matters pertaining to insolvent estates, &c. Clay’s Dig. 309, <§> 17; Ib. 285, <§> 1, 4. The only general limitation to writs of error (Clay’s Dig, 309, §. 17,)…
1Opinion of the CourtChilton, J.
The final decree was rendered in this cause, on the 16th June, 1842, and the writ of error was sued out on the 24th May, 1848, so that nearly six years intervened between the final degree and the issuance of the writ of error. The question is presented, whether the writ of error is not barred by the statute, and should not be dismissed.
By the 7th section of the act of 1820, (Dig. 309, § 17,) it is provided, “ a writ of error may issue to reverse a final judgment in the circuit court at any time within three years after the rendition of the judgment, and not afterwards.” By the -23d section of…
2Cited by1 opinion
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