Townley v. Burgin
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by L. L. Townley as administrator against J. B. Bur-gin, in which plaintiff’s suit was dismissed for a failure to revive against the administrator of deceased defendant, and plaintiff appeals.
1Opinion of the Court
THOMAS, J.(1) The proper remedy of a plaintiff to get reinstated his suit, which has been dismissed by the trial court under circumstances, as here, for an alleged failure of plaintiff, appellant, to revive as required by law against the administrator of a deceased defendant, is by mandamus, if the action of the court in dismissing was error, and not by appeal, as was in this case resorted to by plaintiff, appellant.—State ex rel. Wilder v. Smith, Judge, etc., 12 Ala. App. 636, 68 South. 490; Ex parte Jones, 54 Ala. 108; Ex parte Sayre, 69 Ala. 184; Ex parte Howell, 118 Ala. 178, 24 South.…
2Cases cited10 opinions
- Davis v. McCollochSupreme Court of Alabama · 1914
- Ex parte HendreeSupreme Court of Alabama · 1873
- Steamboat Empire v. Ala. Coal Mining Co.Supreme Court of Alabama · 1857
- Ex parte SmithSupreme Court of Alabama · 1910
- Ex parte HowellSupreme Court of Alabama · 1897
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3Cited by1 opinion
- State ex rel. Townley v. PughAlabama Court of Appeals · 1916