Coker v. Crozier
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. This was an action on the case, brought by the defendant in error, against the intestate of the plaintiff in error, to recover damages for a fraud in the exchange of horses. Pending the action, the defendant died, and the cause was revived against the plaintiff as his administrator. The jury having found a verdict against the defendant for eighty dollars, judgment was rendered against him for the damages and costs.
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Error to the Circuit Court of Cherokee. This was an action on the case, brought by the defendant in error, against the intestate of the plaintiff in error, to recover damages for a fraud in the exchange of horses. Pending the action, the defendant died, and the cause was revived against the plaintiff as his administrator. The jury having found a verdict against the defendant for eighty dollars, judgment was rendered against him for the damages and costs. The assignments of error, are, 1. The revival of the judgment against the plaintiff in error. 2. The rendition of judgment against him.
1Opinion of the CourtOrmond, J.
The common law maxim that personal actions die with the person, has been modified in England, by the act of 4 Edward 3, c. 7, and in this state by the statute to be found in Aik. Dig. 260, § 6. “All actions of trespass quare clausum fregit, and actions of trespass to recover damages forinjuriesdo personal property, may, if the plaintiff or plaintiffs die, be revived by his, her or their representatives, in the same manner as actions on contracts.”
In the case of Nettles v. Barnett, [8 Porter, 181,] we held that this statute did not authorize the revival of a suit, brought for a trespass de…
2Cases cited1 opinion
- Nettles v. BarnettSupreme Court of Alabama · 1838
3Cited by2 opinions
- Garrison v. BurdenSupreme Court of Alabama · 1867
- Kerr v. BashamSouth Dakota Supreme Court · 1934