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170 Ala. 114

Ex parte Davis

Supreme Court of Alabama

Decided November 24, 1910

Supreme Court of Alabama · decided 1910-11-24

<p> Certiorari. </p> <p>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.</p> <p>(McClellan, Sayre and Evans, JJ., dissenting.)</p>

Cited by 2 later decisions — most recently February 1951

2 state decisions

Relies on Ex parte Boynton

Good law ✅— No negative treatment on recordhow we know

Certiorari denied · Decided 1910-11-24

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PER CURIAM.

¶1Petition for certiorari to bring up an order of the probate court of Russell county revok*115ing 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.
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