Sharp's Executors v. Herrin's Adm'r
Supreme Court of Alabama
[scire facias os decree of PROBATE COÜRT.] Appeal from the Probate Court of Macon. IN this ease, Jefferson R. Herrin, as administrator with the will annexed of William Herrin, deceased, sued out a scire facias on the 24th June, 1856, to revive a decree of the probate court, which was rendered on the 24th May, 1854, and which was described in the sci. fa. as a “judgment for |28,487 02 against Arnold Seale and Jehu Sharp, executors of William Sharp, deceased, in favor of…
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[scire facias os decree of PROBATE COÜRT.] Appeal from the Probate Court of Macon. IN this ease, Jefferson R. Herrin, as administrator with the will annexed of William Herrin, deceased, sued out a scire facias on the 24th June, 1856, to revive a decree of the probate court, which was rendered on the 24th May, 1854, and which was described in the sci. fa. as a “judgment for |28,487 02 against Arnold Seale and Jehu Sharp, executors of William Sharp, deceased, in favor of Jefferson R. Herrin, administrator with the will annexed of William Herrin, deceased.” Arnold Seale, against whom alone the…
1Opinion of the CourtRice, C. J.
The scire, facias was sued out from the probate court of Macon county, to revive a judgment which is therein described as a judgment rendered by said court on the 20th May, 1854, for $23,487 02, in favor of Jefferson R. Herrin, administrator with the will annexed of the estate of "William Herrin, against Arnold Seale and Jehu Sharpe, executors of William Sharp, deceased. The parties have in this court expressly waived all questions except four’, which are stated in the agreement attached to the record. The first of those questions is “can such a judgment be revived on scire facias.” To that…
2Cases cited8 opinions
- Hollinger v. HollySupreme Court of Alabama · 1845
- McCollum v. HinckleySupreme Court of Vermont · 1837
- State v. SmithSupreme Court of Vermont · 1835
- Bartol v. CalvertSupreme Court of Alabama · 1852
- Hogan's Ex'r v. CalvertSupreme Court of Alabama · 1852
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3Cited by4 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Watson v. Rose's ExecutorsSupreme Court of Alabama · 1874
- Sharp's Adm'r v. SharpSupreme Court of Alabama · 1860
- Shiver v. RousseauSupreme Court of Alabama · 1881