Supreme Court of Alabama, 1855

Carey v. McDougald's Adm'r

Carey v. McDougald's Adm'r
Supreme Court of Alabama · Decided June 15, 1855 · Oueiam
27 Ala. 616

Carey v. McDougald's Adm'r

Opinion of the Court

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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