Modawell v. Hudson
Supreme Court of Alabama
APPEAL from Probate Court of Perry. The appellant, Modawell, as administrator de bonis non of the estate of B. H. Hudson, deceased, reported said estate insolvent; and upon contest by A. G. Hudson, executor of Abner Hudson, who was a creditor, the court found the estate was solvent, and dismissed the report.
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APPEAL from Probate Court of Perry. The appellant, Modawell, as administrator de bonis non of the estate of B. H. Hudson, deceased, reported said estate insolvent; and upon contest by A. G. Hudson, executor of Abner Hudson, who was a creditor, the court found the estate was solvent, and dismissed the report. It appears from the bill of exceptions reserved by Modawell on the trial, that Modawell was appointed administrator some time in the year 1865. On the 19th day of December, 1870, he filed his accounts and vouchers for a final settlement, and on the 13th day of February, 1871, made a final…
1Opinion of the CourtStone, J.
The Probate Court did not err in the correction nunc pro tunc of the decree rendered in the settle*77ment of the administration in chief. The records and papers in the cause, so far as we can learn, showed the error, and it was clearly the privilege, if not the duty of the Probate Court, to make the correction.—Moore v. Lesueur, 33 Ala. 237. The fact that that subject was taken up, and the correction made while the main trial was in progress, can not, without more, avail to set aside the judgment pronounced. "We think it was permissible in the court to suspend the one trial, that it might…
2Cases cited2 opinions
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Moore v. LesueurSupreme Court of Alabama · 1858
3Cited by4 opinions
- Steele v. GravesSupreme Court of Alabama · 1880
- Knight v. HaynieSupreme Court of Alabama · 1883
- Modawell v. HudsonSupreme Court of Alabama · 1885
- Eatman v. EatmanSupreme Court of Alabama · 1886