Copewood v. Taylor's adm'r
Supreme Court of Alabama
Error to the Circuit court of Lawrence county. Peter W. Taylor, at September term, eighteen hundred and thirty-six, of the court aforesaid, declared against Copewood, in trover, for two slaves.
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Error to the Circuit court of Lawrence county. Peter W. Taylor, at September term, eighteen hundred and thirty-six, of the court aforesaid, declared against Copewood, in trover, for two slaves. At the March term of the said court, in eighteen hundred and thirty-seven, the death of plaintiff in the suit was suggested, and on motion, it was ordered by the court, that the said suit should stand revived in the name of Samuel Henderson, administrator of the goods and chattels, rights and óredits of said decedent. And thereupon came the parties, and a jury of good and lawful men came also, who…
1Opinion of the CourtGoldthwaite, J.
— The errors which are insisted on, as sufficient to reverse the judgment rendered by the Circuit court are—
1st. Because the case was revived in an illegal mode, without proof that Henderson was the administrator of Taylor.
2d. Because there was no plea filed or issue joined, between the parties.
3d. Because the judgment authorizes the collection of the aggregate values of both the slaves, if one could be had and the other could not.
The court in reviving a suit which has abated by the death of a party, can no more constitute itself the judge *35of the facts alleged, than it could if the suit was…
2Cited by5 opinions
- Crawford v. SladeSupreme Court of Alabama · 1846
- Vickery v. BeirMichigan Supreme Court · 1867
- Worthington v. McRobertsSupreme Court of Alabama · 1845
- Innerarity v. FrownerSupreme Court of Alabama · 1841
- Falkner v. Christian's AdministratorSupreme Court of Alabama · 1874