Carey v. McDougald's Adm'r

Supreme Court of Alabama

Carey v. McDougald's Adm'r

27 Ala. 616

Supreme Court of Alabama·Decided June 15, 1855·Published·Cited by 1 cases

Opinion

PEE OUEIAM.

The motion must be overruled. The certificate of the probate judge in this case, prima facie, gave jurisdiction; and there was, therefore, a warrant for putting it on the docket, which distinguishes it from Mazange v. Slocum & Henderson, 23 Ala. 668. Being properly on the docket, the question of rightful jurisdiction was a matter which was tried; and the costs should.follow the judgment.

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PEE OUEIAM.

The motion must be overruled. The certificate of the probate judge in this case, prima facie, gave jurisdiction; and there was, therefore, a warrant for putting it on the docket, which distinguishes it from Mazange v. Slocum & Henderson, 23 Ala. 668. Being properly on the docket, the question of rightful jurisdiction was a matter which was tried; and the costs should.follow the judgment.

Carey v. McDougald's Adm'r, 27 Ala. 616 (Ala. 1855).

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