Taylor v. McElrath
Supreme Court of Alabama
Appeal from the Probate Court of Cherokee. In this case, on the 13th December, 1858, William Mc-Elrath moved the probate court to supply certain lost papers, alleged to belong to the records of the former orphans’ court of said county ; which motion was resisted by Randolph Taylor, the appellant.
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Appeal from the Probate Court of Cherokee. In this case, on the 13th December, 1858, William Mc-Elrath moved the probate court to supply certain lost papers, alleged to belong to the records of the former orphans’ court of said county ; which motion was resisted by Randolph Taylor, the appellant. The lost record consisted of the proceedings had in said orphans’ court, at its May term, 1838, in the matter of the establishment of a mill-dam on the application of Burrell Thompson and William McElrath, comprising the petition, writ of ad quod damnum, inquest of the jury, and decree of the court…
1Opinion of the CourtA. J. Walker, C. J.
It is indispensable to the successful administration of justice, that every court should have the power of supplying its lost records. The decisions of this court fully recognize tho existence of inherent power in courts of record, to substitute copies of lost *333records, even after judgment rendered. — Williams v. Powell, 9 Porter, 493 ; Wilkerson v. Branham, 5 Ala. 608 ; McLendon v. Jones, 8 Ala. 298; Doswell v. Stewart, 11 Ala. 629. The probate court is a continuation of the old orphans’ court, with some modifications, and must have the power of supplying the lost records of that court.
[2.]…
2Cases cited10 opinions
- McLendon v. JonesSupreme Court of Alabama · 1845
- Bradley v. AndressSupreme Court of Alabama · 1857
- Gordon v. McLeodSupreme Court of Alabama · 1852
- Reese v. GreshamSupreme Court of Alabama · 1856
- Williams v. GunterSupreme Court of Alabama · 1856
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3Cited by8 opinions
- Baker v. PattersonSupreme Court of Alabama · 1911
- Beard v. DuBoseSupreme Court of Alabama · 1912
- Hollis v. CrittendenSupreme Court of Alabama · 1948
- Wise v. StateSupreme Court of Alabama · 1922
- Bivin v. MillsapSupreme Court of Alabama · 1939
3 more not listed; retrieve them via the Exa API.