Garrison v. Burden
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. S. O. Posey. This action was brought by Bedding Garrison, against Andrew Burden, to recover damages for the seduction of the plaintiff’s wife; and was commenced by original attachment, which was sued out on the 13th May, 1861. At the fall term, 1863, the defendant’s death was suggested; and the cause was ordered to be revived against his personal representative, when made known.
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. S. O. Posey. This action was brought by Bedding Garrison, against Andrew Burden, to recover damages for the seduction of the plaintiff’s wife; and was commenced by original attachment, which was sued out on the 13th May, 1861. At the fall term, 1863, the defendant’s death was suggested; and the cause was ordered to be revived against his personal representative, when made known. At the spring term, 1864, as the minute-entry states, “the defendant, by his attorneys, moved the court to dismiss the suit, on the ground that the…
1Opinion of the CourtJudge, J.
The common-law maxim is, that personal actions die with the person. But this maxim has been modified, both in England and in this State, by statutory enactments. Section 2157 of the Code is as follows: “All actions on contracts, express or implied, all personal actions, except for injuries to the person or reputation, survive in favor of and against the personal representatives.” And such, in effect, was the statute law of this State prior to the adoption of the Code, with the exception, that the right to revive, under the prior law, was given only to the executor or administrator of the…
2Cases cited8 opinions
- Ex parte VincentSupreme Court of Alabama · 1855
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- State ex rel. Nabor's HeirsSupreme Court of Alabama · 1845
- Patterson v. Officers of the Circuit CourtSupreme Court of Alabama · 1847
- Cox's Adm'r v. WhitfieldSupreme Court of Alabama · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Johnson v. Bradstreet Co.Supreme Court of Georgia · 1891
- Hutcherson v. DurdenSupreme Court of Georgia · 1901
- Long v. BooeSupreme Court of Alabama · 1894
- Dixon v. AmermanMassachusetts Supreme Judicial Court · 1902
- Hollett v. Wilmington Trust Co.Superior Court of Delaware · 1934
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