English v. Brown
Supreme Court of Alabama
Error to the County Court of Monroe. Assumpsit by the defendant in error. The writ is sued out against the plaintiffs in error, as administrator, and administratrix of Walter R. English, deceased, which was returned by the sheriff executed on Thomas C. English, administrator.
Read the full summary
Error to the County Court of Monroe. Assumpsit by the defendant in error. The writ is sued out against the plaintiffs in error, as administrator, and administratrix of Walter R. English, deceased, which was returned by the sheriff executed on Thomas C. English, administrator. The declaration is filed against him alone, and discontinued as to the administratrix, who it is alledged is a non-resident and proceeds to state the liability thus: “For that whereas, the said Walter R. English, in his life time, to wit, on the 21st November, 1837, at, &c., was by his instrument in writing, justly…
1Opinion of the CourtOrmond, J.
Executors and administrators, where there are several who have qualified as such, constitute but one person, and must, in general, be joined in the writ. When, however, one of them is out of the jurisdiction of the court, and not amenable to its process, he may be omitted out of the writ. [Williams & Ivey v. Sims, 8 Porter, 579; Owen v. Brown, 2 Ala. Rep. 127.]
*506111 this case, it appears from the declaration, that Catherine English, the administratrix, is not a resident of this State, and this fact, which the default admits, is a sufficient reason for the discontinuance which is there…
2Cases cited4 opinions
- Williams v. SimsSupreme Court of Alabama · 1839
- Wharton v. FranksSupreme Court of Alabama · 1839
- State v. JohnSupreme Court of Alabama · 1841
- Stephenson v. RoperSupreme Court of Alabama · 1843
3Cited by4 opinions
- Shorter v. UrquhartSupreme Court of Alabama · 1856
- Hanson v. JacksSupreme Court of Alabama · 1853
- Ledbetter v. BorlandSupreme Court of Alabama · 1900
- Hunt v. StateSupreme Court of Alabama · 1879