Driver v. Riddle
Supreme Court of Alabama
Error to the County court of Jackson county. Assumpsit against an administrator. On the trial of the cause, defendant suggested, that since'the ljast term, he had resigned his administration, and that one Riddle, as sheriff of the county, had been appointed, which appeared to the court to be true, and matter of record in the Orphan’s court. Whereupon, defendant moved to be discharged from the suit, and he was accordingly discharged.
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Error to the County court of Jackson county. Assumpsit against an administrator. On the trial of the cause, defendant suggested, that since'the ljast term, he had resigned his administration, and that one Riddle, as sheriff of the county, had been appointed, which appeared to the court to be true, and matter of record in the Orphan’s court. Whereupon, defendant moved to be discharged from the suit, and he was accordingly discharged. Plaintiff then informed the court, he would not move to revive the suit against Riddle, as the present administrator; upon which, Riddle moved to be made…
1Opinion of the CourtGoldthwaite, J.
— The sole question which arises in this case, is, whether an administrator, by a resignation of his office, can discharge himself from a suit in progress against him, without shewing an administration or the want of assets ?
The act of eighteen hundred and twenty-one, (Aik. Dig. 179,) authorises an administrator to resign his authority, but expressly provides that he and his securities shall continue bound for all assets which have not been duly administered, or delivered to the succeeding administrator. Such was the liability at common law, in cases where the administration was revoked…
2Cited by3 opinions
- Lambeth v. GarberSupreme Court of Alabama · 1844
- Whitfield v. WoolfSupreme Court of Alabama · 1874
- Ex parte CarrollSupreme Court of Alabama · 1873