Supreme Court of Alabama, 1949

Ex Parte Price

Ex Parte Price
Supreme Court of Alabama · Decided May 19, 1949 · Brown, Foster, Lawson, Stakely, JJ-
41 So. 2d 180; 252 Ala. 517; 1949 Ala. LEXIS 280 (Southern Reporter, Second Series)

Ex Parte Price

Opinion of the Court

BROWN, Justice.

This is an original application to this Court for a writ of mandamus, certiorari or other remedial writ to restrain the Probate Court of Henry County from proceeding with the trial of a will contest. The application is without merit. The probate court has jurisdiction and authority to determine all questions relating to said will contest. Moreover under the settled law and procedure relating to such extraordinary common law writs, the probate court is an inferior court to the Circuit Court of Henry County and any application for such writ in respect to said court should be addressed to the circuit court. The application for the issuance of the rule nisi is, therefore, denied and the petition is dismissed.

Application denied and petition dismissed.

FOSTER, LAWSON and STAKELY, JJ-, concur.

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