Ex parte Due
Supreme Court of Alabama
This was an original petition for a writ of mandamus addressed to this court. The facts of the case are sufficiently stated in the opinion. An appeal does not lie to the circuit court from 'an order of the probate court appointing special administrators ; and, therefore, the circuit judge or circuit court is wholly without jurisdiction to compel, by mandamus, the allowance of an appeal.
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This was an original petition for a writ of mandamus addressed to this court. The facts of the case are sufficiently stated in the opinion. An appeal does not lie to the circuit court from 'an order of the probate court appointing special administrators ; and, therefore, the circuit judge or circuit court is wholly without jurisdiction to compel, by mandamus, the allowance of an appeal. Hence it is, the writ of prohibition is the only remedy to prevent such usurpation of jurisdiction. — Code of 1886, §§ 2035, 3640, 3641; In re Carpenter, 73 Cal. 202 ; In re Haskett, 3 Redfield (N. Y.) 165.…
1Per curiam
Pending a contest respecting the validity of a will of one Tulane in the probate court of Elmore county, the judge of the court, by authority of section 2020 of the (lode of 1886, appointed certain persons as special administrators, authorizing the collection and preservation by them of the goods of the deceased until letters testamentary or of administration should have been duly issued. The statute provides that every such special administrator has authority to collect the goods and chattels of the estate and debts of the deceased and secure and preserve the same, etc. ; and for such…
2Cases cited2 opinions
- Ex parte PetersonSupreme Court of Alabama · 1858
- Ex parte BootheSupreme Court of Alabama · 1879
3Cited by4 opinions
- Ex parte CampbellSupreme Court of Alabama · 1900
- Ex parte Town of RoanokeSupreme Court of Alabama · 1897
- Kelton v. TavelSupreme Court of Alabama · 1911
- State ex rel. Boyer v. HuckSupreme Court of Missouri · 1914