Motlow v. Johnson
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Thomas L. Johnson, prosecuted after his death by M. B. Johnson, as executor, against Spoon Motlow. From a judgment for plaintiff, defendant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Thomas L. Johnson, prosecuted after his death by M. B. Johnson, as executor, against Spoon Motlow. From a judgment for plaintiff, defendant appeals. This character of action does not survive. — Sections 35 and 38, Code 1896; 6 Words and Phrases, page 5336; Osborn v. Fall River, 140 Mass. 509. If this be true, the action cannot be maintained. — Willis v. Burns, 106 Ala. 425. Interest was not recoverable. — 16 A. & E. Ency. of Law, 996; iV. Y. R. R. Co. v. Zumbah, 12 Ind. App. 272; Jean v. Sandiford, 39 Ala. 317;…
1Opinion of the CourtDowdell, J.
This suit was commenced by Thomas L. Johnson against Spoon Motlow to recover money lost and paid by the plaintiff to the defendant on a bet or wager made on the result of a primary election held under the laws of this state. After the institution of the suit the plaintiff died, and the cause was revived in the name of Minter B. Johnson as executor, etc.
The first contention of the appellant, defendant in the court below, is that the action is not of the class that survives upon the death of the party, and therefore could not be prosecuted in the name of the executor; the theory being that the…
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- Johnson v. CollierSupreme Court of Alabama · 1909
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925