O'Neill v. Donnell
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Montgomery. This was the trial of an issue directed by the Orphans’ Court, upon an exception taken by O’Neill, to the account ■exhibited by Donnell, as the administrator of Hugh O’Neill, preparatory to the final settlement of the estate. The account seems to have been regularly stated, and in St is charged the usual commissions.
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Writ of Error to the Orphans’ Court of Montgomery. This was the trial of an issue directed by the Orphans’ Court, upon an exception taken by O’Neill, to the account ■exhibited by Donnell, as the administrator of Hugh O’Neill, preparatory to the final settlement of the estate. The account seems to have been regularly stated, and in St is charged the usual commissions. The items excepted against are three, viz : a charge against the estate for $130, stated therein as paid to certain attorneys for legal services; a similar charge for $10, for Iwo days services by the administrator in taking the…
1Opinion of the CourtGoldth Waite, J.
This case falls within the principles ascertained by the recent decision in Willis v. Willis’ Adm’r, ante, 721, and as the proceedings of the Orphans’ Court on this particular issue cannot be revised in this mode, the Writ of error will be dismissed. But because the decision of the questions argued, may be important to prevent further litigation between these parties, as well as to save them expense, we shall announce our conclusions upon them.
And first, with reference to the allowance for counsel fees, in the action of trespass, for seizing the goods of which the administrator’s intestate…
2Cited by5 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- McGowan v. MilnerSupreme Court of Alabama · 1915
- Hearrin v. SavageSupreme Court of Alabama · 1849
- Allen v. MartinSupreme Court of Alabama · 1860
- Hines v. DollarSupreme Court of Alabama · 1938