Steele v. Donehoo
Steele v. Donehoo
Opinion of the Court
The probate court of Blount county, after acquiring jurisdiction of the final settlement of F, G,
It is not a matter of- doubt that the order appealed from is not a final order, judgment or decree which will support an appeal. When a court wrongfully refuses-to exercise its jurisdiction of a given matter, it will be compelled thereto by mandamus, and an appeal does not lie from the refusal. — Ex parte Jones, 1 Ala. 15; Brennan v. Harris, 20 Ala. 185; Shadden v. Sterling’s Admr., 23 Ala. 518; Phillips v. Peteet, 35 Ala. 696; Leslie v. Tucker, 57 Ala. 483; Ex parte Dickson, 64 Ala. 188; Ex parte Ala. Bar Association, 92 Ala. 113.
We are without jurisdiction of the appeal, and it must be dismissed,- without any discussion of the propriety of the probate judge’s action in suspending the settlement.
Appeal dismissed.
Reference
- Full Case Name
- Steele, Guardian v. Donehoo, Admr.
- Status
- Published