Rainey v. Ridgeway
Supreme Court of Alabama
Appear from Tallapoosa Probate Court. Heard before Hon. James W. Strother, Spedial Judge. Contest of probate of will between E. B. Rainey, Elia Ridgeway and others. From a judgment for Ridgeway and others, Rainey appeals. No public officer lias authority to perform any official act outside of the territorial limits of his jurisdiction unless such authority is conferred by statute. — State ex rol.
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Appear from Tallapoosa Probate Court. Heard before Hon. James W. Strother, Spedial Judge. Contest of probate of will between E. B. Rainey, Elia Ridgeway and others. From a judgment for Ridgeway and others, Rainey appeals. No public officer lias authority to perform any official act outside of the territorial limits of his jurisdiction unless such authority is conferred by statute. — State ex rol. Martin v. Talley, 102 Ala. 25; Mortgage Co. v. People, 102 Ala. 241; Ex parte Davis, 95 Ala. 9; Horton v. Elliott, 90 Ala. 480; Ex parte Branch, 63 Ala. 383. The signing of a bill oí exceptions is a…
1Opinion of the Court
DOWDELL, J.-
This cause Aims heard before Hon. James W. Strother, special judge of probate appointed for that purpose; the judge of probate of Tallapoosa county being disqualified to hear the cause. Motion is made to strike from the transcript Avhat purports to be a bill of exceptions, and this motion is now submitted for our consideration upon an agreed statement of facts. It appears from such agreed statement of facts that 1 bi-hill aa'us signed by- the special probate judge after the expiration of the time fixed by the statute (section 465 of the Code, of 1896), but Avitliin the time of the…
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