112 Ala. 469 | Ala. | 1895
Section 2183 of the Code of 1886, provides that “on the settlement of the estate of a decedent yrhen such estate is free from debt, the probate court in
We need hardly say that the agreement of the parties, contained in the articles of submission, that the award should be entered up as the judgment of the probate court of Bibb county could not confer jurisdiction upon that court, nor impose upon it the duty of complying with such agreement.
The view we take of the case renders it unnecessary to notice the contentions of counsel, arising out of the various motions, counter-motions and rulings thereon in the probate court.
Whatever rights, if any, the parties have, growing out of their submission of the dispute between them to arbitrators of their own selection, and the award made in consequence of such submission, they are free to effectuate in some appropriate method, should resort to legal remedies be necessary. This is not the time, however, to consider the nature of those rights and remedies.
The cross assignments of error cannot be, entertained; indeed, they could not be considered, even if the judgment of the probate court had been of such a character as would have supported the appeal. An appellee in this court cannot make a cross assignment of errors, when no judgment has been rendered against him,which would support a separate appeal. Rulings made during the progress of a cause against the party who ultimately prevails are mere abstractions, not revisable upon the appeal of the losing party, even though the appellant consents that such rulings may be assigned for error and he files a joinder therein. — Wright v. Evans, 53 Ala. 103 ; Leslie v. Langham, 40 Ala. 524.
The cross assignments of error must be stricken, and the original appeal dismissed.