Hall v. Hudson

Decided January 15, 1852

Supreme Court of Alabama · decided 1852-01-15

On the final settlement of the estate of James Hudson, deceased, which was had at a special term of the Orphans’ Court of Tuskaloosa County, on the second Monday in April, 1847, the presiding judge made out his decree of distribution, in which he decreed four hundred and seventeen dollars to the administrator of James Hudson, Junr. This decree was signed by the judge, and endorsed, “Decree in Est. of James Hudson, deceased.

Good law ✅— No negative treatment on recordhow we know

Decided 1852-01-15

How this case has been cited

Cited by 8 later decisions — most recently June 1934

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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GOLDTHWAITE, J.

¶1The legal issue upon the plea of nul tiel record was, in the opinion of the court, correctly determined. The Orphans’ Court was a court of record, and the entry of the judge, however full it might be, did not be*287come tbe judgment of the court until entered of record. 3 Blackstone’s Com. 24. The statute (Clay’s Digest, 304, § 42) was not intended to alter this rule, but to authorize the issue of executions against an executor or administrator for the amount decreed, after it had become the judgment of the court, as in case of judgments at law.

¶2•' We do not, by this decision, determine that a judgment of the Orphans’ Court can be revived by scire facias, understanding the counsel to waive all other points than the one determined.

¶3The judgment is affirmed.