Booker's Ex'rs v. Jemison
Supreme Court of Alabama
Whit of Error to the Orphans’ Court of Pickens. The decree complained of, adjudges that the sum of four thousand one hundred and one dollars and sixty-one cents, should be paid by the plaintiffs in error to the defendants, as guardians of Edith M. Booker; further, the sum of seven hundred and twenty dollars and thirty-seven cents should be paid them as a compensation for services, &c.; and lastly, the sum of one thousand six hundred and fourteen dollars and seventy-seven…
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Whit of Error to the Orphans’ Court of Pickens. The decree complained of, adjudges that the sum of four thousand one hundred and one dollars and sixty-one cents, should be paid by the plaintiffs in error to the defendants, as guardians of Edith M. Booker; further, the sum of seven hundred and twenty dollars and thirty-seven cents should be paid them as a compensation for services, &c.; and lastly, the sum of one thousand six hundred and fourteen dollars and seventy-seven cents should be paid them for moneys advanced, &c. The decree concludes thus: “ Ordered that executions may issue for the…
1Opinion of the CourtCollier, C. J.
It is well settled that where a judgment is given against several, any one of them may sue out a writ of error, but this must be done in the name of all. [1 Arch. Prac. 232, and cases there cited; Caller v. Brittain, Minor’s Rep. 27; Eastland v. Jones et al, id. 275; Tombeckbee v. Freeman, id. 285; Adams v. Robinson, ibid; Burn et al v. McLean, id. 208; Jameson v. Colburn, 1 Stew. & P. Rep. 253.] In *409Billinslea v. Abercrombie, [2 Stew. & Por. Rep. 24,] one of sevéral legatees prosecuted a writ of error in his own name' from a decree of the Orphans’ Court distributing the testators' éstate…
2Cases cited1 opinion
- Merrill v. JonesSupreme Court of Alabama · 1841