ALLGOOD v. PARKER

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Docket Number

3 Div. 536.

Attorney(S)

Harwell G. Davis, Atty. Gen., and A. A. Evans, Asst. Atty. Gen., for appellant. The certificate of the judge of probate is not binding upon the appellant as a valid judicial determination by said judge. Chamblee v. Cole, 30 So. 630, 128 Ala. 649; Pettus v. McClannahan, 52 Ala. 55; Joiner v. Winston, 68 Ala. 129; Robertson v. Bradford, 70 Ala. 387; Brooks v. Johns, 24 So. 345, 119 Ala. 412. Hill, Hill, Whiting, Thomas Rives, of Montgomery, for appellees. The probate judge having issued the certificate, it became the duty of the auditor to draw his warrant therein required; the certificate is conclusive as to the requirements of section 376, p. 445, Acts 1919. Lovelady v. Loveman, Joseph Loeb, 68 So. 48, 191 Ala. 96; Turner v. Anniston Electric Gas Co., 75 So. 465, 200 Ala. 89.

Judges

SAMFORD, J.

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ALLGOOD, State Auditor, v. PARKER et al.

SAMFORD, J.

Sections 375 and 376, Acts 1919, p. 445, are not materially different from, and are practically the same as Code 1907, § 2411, as amended by Act of the Legislature, Sp. Sess. 1909, pp. 165, 166, and section 2412, and considered in the case of Lovelady v. Loveman, Joseph Loeb, 68 So. 48, 191 Ala. 96. The judge of probate, upon petition regularly filed, having issued his certificate in accordance with section 376 of the Act of 1919, p. 445, and this court being bound by the decision in the Lovelady Case, supra, we must hold that the trial court did not commit error in granting the writ as prayed. See Turner v. Anniston Elec. Gas Co., 75 So. 465, 200 Ala. 89; Board of Rev. v. Sou. Bell T. T. Co., 76 So. 858, 200 Ala. 532.

Let the judgment be affirmed.

Affirmed.

ALLGOOD, State Auditor, v. PARKER et al.

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