Cook v. Davis
Supreme Court of Alabama
Writ of Error to the Orphans* Court of Pickens, The supposed errors sought to be revised, are alledged to exist in the record, and proceedings, of the settlement of the estate of Joseph H. Harris, at the instance of Davis, administrator de bonis non. So much of the proceedings as are necessary to show the bearing of the errors assigned will be recited.
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Writ of Error to the Orphans* Court of Pickens, The supposed errors sought to be revised, are alledged to exist in the record, and proceedings, of the settlement of the estate of Joseph H. Harris, at the instance of Davis, administrator de bonis non. So much of the proceedings as are necessary to show the bearing of the errors assigned will be recited. The administration de bonis non was committed to Davis, the 13th October, 1845, after the settlement of the accounts of the preceding administrator, and the estate was represented insolvent the 11th May, 1846. No schedule of the assets, or of…
1Opinion of the CourtGoldthwaite, J.
1. The act of 1843 provides, that “ on the trial of any issue, directed to be made up and tried under it, either party dissatisfied with any decision, or charge of the judge trying the same, may except to such decision, or charge, and tender his bill of exceptions as in trials of suits at common law; and may, within twelve months thereafter, appeal from, or sue out a writ of error to such judgment as in suits at common law.” [Dig. 195, § 14.J Here the plaintiff in error does not bring himself within the spirit or letter of the statute, as no exception was taken to the action of the court, at…
2Cases cited1 opinion
- Hollinger v. HollySupreme Court of Alabama · 1845
3Cited by7 opinions
- Wilkes v. CorneliusOregon Supreme Court · 1891
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Flinn v. ShacklefordSupreme Court of Alabama · 1868
- Thornton v. MooreSupreme Court of Alabama · 1878
- Carhart, Bros. & Co. v. Clark's Adm'rSupreme Court of Alabama · 1858
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