Legal Opinion

Grimmet v. Henderson's Adm'r

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 7 opinions

Appeal from the Circuit Court of Macon. Tried before the Hon. James T. Norman, an attorney of the court, selected by the parties on account of the disqualification of the presiding judge, who had been of counsel in the case.

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Appeal from the Circuit Court of Macon. Tried before the Hon. James T. Norman, an attorney of the court, selected by the parties on account of the disqualification of the presiding judge, who had been of counsel in the case. This action was brought by W. E. Poster, as the administrator de bonis non of the estate of J. C. Henderson, deceased, against J. A. Grimmet, T. S. Grimmet, H. O. Grimmet, G. W. Campbell, and T. B. Dryer ; and was commenced on the 6th August, 1879. The action was founded on the official bond of the said J. A. Grimmet, T. S. Grimmet, and H. C. Grimmet, as executors of the…

1Opinion of the CourtSomeryille, J.

The demurrer interposed to the complaint in this case is not well taken, and was properly overruled. The first and second grounds are not assigned with that certainty and particularity required-by the' statute. To say that “ the complaint does not show any ground or cause of action against the defendant,” is insufficient, as being too general, and not distinctly stated. — Code 1876, §3005; Williams v. Bowdin, at the present term.

*525The complaint is sufficient to show a prima facie liability on the part of the sureties, Campbell and Dryer, who are alleged to be co-obligors with the executors in…

2Cases cited5 opinions

  1. Kyle v. MaysSupreme Court of Alabama · 1853
  2. Hatch v. CrawfordSupreme Court of Alabama · 1835
  3. Grace v. MartinSupreme Court of Alabama · 1872
  4. Holley v. AcreSupreme Court of Alabama · 1853
  5. Gayle v. BlackburnSupreme Court of Alabama · 1828

3Cited by7 opinions

  1. Banks v. SpeersSupreme Court of Alabama · 1892
  2. Martin v. TallySupreme Court of Alabama · 1882
  3. Sanders v. WallaceSupreme Court of Alabama · 1896
  4. Banks v. SpeersSupreme Court of Alabama · 1893
  5. McLean v. WrightSupreme Court of Alabama · 1902

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