Ex parte Howell
Supreme Court of Alabama
This was an application originally filed in this court by D. I). Howell, asking that a writ of mandamus be issued to the judge of the circuit court of Coffee county, directing and commanding 'him to restore to the docket of said court the cause of I). D. Howell, Admr. de bonis non of James W. Clark, deceased, against Reuben Beasley and others, and to make and enter an order, reviving said cause in the name of the petitioner, as administrator do bonis non of the said James W.…
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This was an application originally filed in this court by D. I). Howell, asking that a writ of mandamus be issued to the judge of the circuit court of Coffee county, directing and commanding 'him to restore to the docket of said court the cause of I). D. Howell, Admr. de bonis non of James W. Clark, deceased, against Reuben Beasley and others, and to make and enter an order, reviving said cause in the name of the petitioner, as administrator do bonis non of the said James W. Clark, deceased. The facts of the case are sufficiently stated in the opinion. cited Ex parte Jones, 54 Ala. 108.
1Opinion of the CourtHead, J.
Clark, tlie plaintiff in a real action, in Coffee county, died pending the suit. Within.eighteen months thereafter, petitioner, Howell, having become administrator of Clark by appointment of the probate court of Coffee county, caused the action to be regularly revived in his name as such administrator. Conceiving ' afterwards that the appointment was void because Clark, at the time of his death, resided in Butler county, Howell resigned his office and then procured himself to be appointed administrator by the probate court of Butler county, and, upon that appointment, procured an order of the…
2Cases cited5 opinions
- Yeaton v. Lynn Ex Rel. LylesSupreme Court of the United States · 1831
- Beasley v. HowellSupreme Court of Alabama · 1897
- Brown v. TutwilerSupreme Court of Alabama · 1878
- Ex parte JonesSupreme Court of Alabama · 1875
- Hatch v. CookSupreme Court of Alabama · 1839
3Cited by7 opinions
- Humphrey v. BoschungCourt of Civil Appeals of Alabama · 1970
- State ex rel. Wilder v. SmithAlabama Court of Appeals · 1915
- State ex rel. Hefley v. McElroySupreme Court of Alabama · 1945
- Townley v. BurginAlabama Court of Appeals · 1915
- Ex Parte StateSupreme Court of Alabama · 1945
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