Shiver v. Rousseau
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Tried before Hon. H. D. Clayton. On the 13tb. of August, 1880, J. E. Eousseau, the appellee, commenced suit in said court against Samuel Shiver as the executor of the last will and testament of Jacob Shiver, deceased, the appellant, on a judgment alleged to have been recovered against bim as such executor at the spring term, 1866, of said court; and the minute entry of the judgment is set out in the complaint, in which it is ordered, that…
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Appeal from Coffee Circuit Court. Tried before Hon. H. D. Clayton. On the 13tb. of August, 1880, J. E. Eousseau, the appellee, commenced suit in said court against Samuel Shiver as the executor of the last will and testament of Jacob Shiver, deceased, the appellant, on a judgment alleged to have been recovered against bim as such executor at the spring term, 1866, of said court; and the minute entry of the judgment is set out in the complaint, in which it is ordered, that the judgment be certified to the probate court. It is averred in the complaint that the judgment is unsatisfied ; that the…
1Opinion of the CourtBriokell, C. J.
1. The plea of insolvency of the estate is not good in bar to the action, as it does not by affirmative averments show that the declaration of insolvency was prior to the commencement of the suit. When during the progress of a suit against a personal representative, founded on a debt or demand or liability of the testator or intestate, the estate is declared insolvent, the fact may be pleaded specially; but the only effect is, that, if judgment is rendered on the other issues against the personal representative, execution thereon can not issue, and to the court of probate the judgment must *566be…
2Cases cited2 opinions
- Edwards v. GibbsSupreme Court of Alabama · 1847
- Sharp's Executors v. Herrin's Adm'rSupreme Court of Alabama · 1858
3Cited by2 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Lavergne v. Evans Bros., Construction Co.Supreme Court of Alabama · 1910