State ex rel. King v. Pearce
Alabama Court of Appeals
Original petition in Court of Appeals. Petition by the State of Alabama on the relation of H.‘ B. King and others, for mandamus to require revival of a suit in the names of relators as heirs at law of W. C. King, deceased, who was the original plaintiff.
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Original petition in Court of Appeals. Petition by the State of Alabama on the relation of H.‘ B. King and others, for mandamus to require revival of a suit in the names of relators as heirs at law of W. C. King, deceased, who was the original plaintiff. W. C. King began his suit in the circuit court against J. M. Deas and C. T. Harris, to recover of them the sum of $900, the basis of the suit being that they were agents of the Lahaska Insurance Company, of Pennsylvania, and as such agent made a contract with W. C. King, for and on behalf of the Lahaska Insurance Company, to insure a framed…
1Opinion of the CourtBrown, J.
Section 2496 of the Code provides: “All actions on contracts, express or implied; all personal actions, except for injuries to the reputation, survive in favor of and against the personal representative.”
Section 2497 provides: “Real actions to try the title, or for the recovery of the possession of lands, and actions for injuries to lands, survive in favor of the heirs, devisees, or personal representatives, and against heirs, devisees, tenants, or personal representatives, according to their respective rights,” etc.
Section 2499: “No action abates by the death or other disability of the…
2Cases cited12 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Green v. WatkinsSupreme Court of the United States · 1821
- Evans v. WelchSupreme Court of Alabama · 1879
- Thompson v. LeeSupreme Court of Alabama · 1857
- Gould v. CarrSupreme Court of Florida · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- King v. National Spa and Pool InstituteSupreme Court of Alabama · 1992
- Simmons v. Clemco IndustriesSupreme Court of Alabama · 1979
- Stoer v. Ocklawaha River Farms Co.Supreme Court of Alabama · 1931
- State Ex Rel. Gaston v. CunninghameSupreme Court of Alabama · 1927
- Golatte v. MathewsDistrict Court, M.D. Alabama · 1975
7 more not listed; retrieve them via the Exa API.