41 Ala. 364 | Ala. | 1867
A motion is made in this case, “ to strike from the file the transcript, the certificate to which is signed James A. Abrahams, judge of the probate court of Sumter county, on the ground that said Abrahams is not, and was not at the time of signing the certificate, judge of said probate court.” This motion is ovexuled. One sufficient reason for overruling it is,that the right to the office cannot be determined on this motion, and that we must recognize as valid the certificate of the acting judge. Spradling v. State, 17 Ala. 440; Sprowl v. Lawrence, 33 Ala. 674; Heath v. State, 36 Ala. 273; Garner v. Clay, 1 Stewart, 182; Mayo v. Stoneum, 2 Ala. 390 ; Bondurant v. Buford, 1 Ala. 359 ; Flournoy v. Clements, 7 Ala. 535; Cuthbert v. Huggins, 21 Ala. 349.
The motion is overruled.