Suell v. Derricott
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by E. D. Suell as administrator against Fred Derrieott and others for causing the death of his intestate. Judgment for defendants and plaintiff appeals.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by E. D. Suell as administrator against Fred Derrieott and others for causing the death of his intestate. Judgment for defendants and plaintiff appeals. The court erred in overruling the demurrers to the 9th special plea.- — Oliver v. The State, 17 Ala. 587; Dill v. The State, 25 Ala. 15; Morton v. Bradley, 30 Ala. 683; Williams v. The State, 44 Ala. 41; Clements v. The State, 50 Aia. 117; 2 A. & E. Ency of Law, 848. The court should have sustained demurrers to the 10th plea. — 3 Cyc. 891, et seq., 2 A. & E Ency of Law,…
1Opinion of the CourtMayfield, J.
This action is by the appellant, as administrator, against the defendants, (appellees), brought under section 27 of the Code of 1896, known as the “Homicide Act,” to recover damages for the wrongful death of his son, who is alleged to have been killed by the defendants by unlawfully and intentionally shooting him with a gun or a pistol.
*262While this court has passed upon a great number of appeals in cases brought under this statute, this is one of the few in which the court is called upon to review a case in which the Avrongful death complained of Avas 'the result of the intentional killing…
2Cases cited19 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Jones v. StateSupreme Court of Alabama · 1884
- March v. WalkerTexas Supreme Court · 1877
- Oliver v. StateSupreme Court of Alabama · 1850
- Simpson v. StateSupreme Court of Alabama · 1877
14 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Jim Beard and Hubbard Beard v. Melvin StephensCourt of Appeals for the Fifth Circuit · 1967
- Stevenson v. StateCourt of Appeals of Maryland · 1980
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Platt v. ShieldsSupreme Court of Vermont · 1923
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