Hallett v. Hastie
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile, Tried before the Hon. C. W. Rapier. In this case, on the 2d February, 1858, William R. Haliett filed his written petition in said court, verified by his own affidavit before the clerk, stating that, some time in 1852, an action of ejectment was brought in said court on his demise, as the executor of Joshua Kennedy, deceased, against Origen Sibley and others, tenants in possession ; that said action was instituted at the instance of…
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Appeal from the Circuit Court of Mobile, Tried before the Hon. C. W. Rapier. In this case, on the 2d February, 1858, William R. Haliett filed his written petition in said court, verified by his own affidavit before the clerk, stating that, some time in 1852, an action of ejectment was brought in said court on his demise, as the executor of Joshua Kennedy, deceased, against Origen Sibley and others, tenants in possession ; that said action was instituted at the instance of John H. Hastie and John G. Aiken, who had each married a daughter of said Kennedy, and who employed the attorney by whom…
1Opinion of the CourtStone, J.
If this motion were prosecuted by Sibley and others, the tenants in possession, or by Smith, their landlord, seeking to have the costs taxed against the parties not on the record, but who, it is alleged, had this suit brought, or against the attorney who used the name of Mr. Hallett, as he alleges, without his consent, a very different question would be presented from the one brought to view by this record. We need not, and do not, announce what would be our decision on such motion. See Thrustout v. Nixon, 10 Barn. & Cress. 110; Masters v. Gray, ib. 615; Evans v. Rees, 2 Ad. & El. (N. S.) 334…
2Cases cited6 opinions
- Colvard v. OliverNew York Supreme Court · 1832
- Jackson, ex dem. v. Van AntwerpNew York Supreme Court · 1828
- Norton v. RichNew York Supreme Court · 1823
- People v. BradtNew York Supreme Court · 1811
- People v. BradtNew York Supreme Court · 1810
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