Ex parte Price

• Citation: 68 So. 866,192 Ala. 158
• Decision Date: 22 April 1915
• Docket Number: 597
• Parties: Ex parte PRICE.
• Court: Alabama Supreme Court

68 So. 866

192 Ala. 158

Ex parte PRICE.

No. 597

Supreme Court of Alabama

April 22, 1915

Rehearing Denied June 3, 1915

Original application by Jerome Price for writ of certiorari to reverse proceedings in the Marengo law and equity court. Petition denied.

William Cuninghame, of Linden, and W.A. Gunter, of Montgomery, for appellant.

MAYFIELD J.

This is an application for common-law certiorari, filed in this court, seeking to reverse certain proceedings in the Marengo law and equity court, which purport to relieve the petitioner, Jerome Price, of the disabilities of nonage. A petition for this purpose was filed in the law and equity court of Marengo county on February 4, 1914. The petition was signed by the minor and by his legal guardian, and verified by the affidavits of both. It contained the averments necessary to give the court jurisdiction in accordance with section 4505 et seq. of the Code. The application was thus made by the parties whom the statute authorizes to make it, was made to a court or judge authorized to receive it (Local Acts 1911, p. 180), and contained allegations of all the facts necessary to confer jurisdiction. The register of the law and equity court gave notice of the filing of the petition, as is directed by section 4507 of the Code. No contest was ever made of the petition.

The court later assumed jurisdiction, and the matter was set for hearing, and was heard, on the 2d day of March, 1914, when the following order was entered:

"In the matter of the petition of Jerome Price for the removal of the disabilities of nonage of Jerome Price, a minor."

"This cause is submitted upon the application or petition for the removal of the disabilities of nonage of Jerome Price, a minor over the age of 18 years, and also upon the affidavits of Jerome Price and Mrs. Geo. Pegram, in support of the said petition; and, upon consideration, it is ordered and decreed that said Jerome Price is entitled to the relief prayed for in said petition, and he is hereby relieved of the disabilities of nonage, and is vested with the right to sue and to be sued, contract and be contracted with, to buy, sell, and convey real estate, and generally to do and perform all the acts which he could lawfully do if he were 21 years of age. It is further ordered that a copy of this decree be filed in the probate court, as required by law. It is further ordered that the petitioner pay the costs of this proceeding, for which execution may issue.

"Done at Demopolis, Ala., this the 2d day of March 1914. Edw. J. Gilder, Judge."

On January 15, 1915, the petitioner thus relieved filed another petition in the same court, asking to have the decree above set out canceled and annulled, on the ground that it was void for want of...