Ex parte Davis

Ex parte Davis, 54 So. 164 (Ala. 1910)

Court: Supreme Court of Alabama · State Highest Courts
Decided: November 24, 1910
Judges: Ala, Authority, Boynton, Evans, Granted, McClellan, Sayre, That
Citations: 54 So. 164170 Ala. 1141910 Ala. LEXIS 276
Disposition: Certiorari denied.

Cited by 3

Headnotes

Certiorari. Courts; Jurisdiction,.- — A petition for certiorari to review an order of the probate court revoking the appointment of petitioner as administrator of the decedent’s estate should be made to the circuit court in the first instance and not to the Supreme Court. (McClellan, Sayre and Evans, JJ., dissenting.)

Summary

Original Petition in the Supreme Court. Robert Davis applies for certiorari to review the order of the probate court revoking his appointment as administrator. No brief came to the Reporter.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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PER CURIAM.

Petition for certiorari to bring up an order of the probate court of Russell county revok *115 ing or annulling tbe appointment of tbe petitioner as administrator of tbe estate of K. I. Melvin, deceased. Petition denied, tbe court being of tbe opinion that petitioner should first apply for tbe writ of certiorari to the circuit court having jurisdiction.

McClellan, Sayre, and Evans, JJ., dissent, on the ground that the petition should have been granted on the authority of Ex parte Boynton, 44 Ala. 261 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

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State Highest Courts3

Relies on it most ⓘ

Richey v. Butler50 So. 2d 441 (Ala. 1951)
Ex Parte Alabama Textile Products Corporation7 So. 2d 303 (Ala. 1942)
City of Birmingham v. Southern Bell Telephone & Telegraph Co.82 So. 519 (Ala. 1919)

Most recent

Richey v. Butler50 So. 2d 441 (Ala. 1951)
Ex Parte Alabama Textile Products Corporation7 So. 2d 303 (Ala. 1942)
City of Birmingham v. Southern Bell Telephone & Telegraph Co.82 So. 519 (Ala. 1919)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Ex parte Boynton, 44 Ala. 261 (1870)	6

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