Rosser v. Timberlake
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speake. This action was brought by John P. Timberlake and Henry Bunn, suing as joint plaintiffs, against Walter Rosser and William Washington, and was commenced on the lbth April, 1875. At the June term, 1881, the death of said Henry Bunn was suggested, the suit “ continued in the name of the other plaintiff,” and leave granted to file an amended complaint; and an amended complaint being afterwards filed…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speake. This action was brought by John P. Timberlake and Henry Bunn, suing as joint plaintiffs, against Walter Rosser and William Washington, and was commenced on the lbth April, 1875. At the June term, 1881, the death of said Henry Bunn was suggested, the suit “ continued in the name of the other plaintiff,” and leave granted to file an amended complaint; and an amended complaint being afterwards filed in the name of said Timberlake alone, the subsequent proceedings were conducted in his name, without any revivor. The…
1Opinion of the CourtStone, C. J.
This case has been in this court on two former appeals, and most of the legal questions involved in it have been decided. — Rosser v. Bunn, 66 Ala. 89 ; Washington v. Timberlake, 74 Ala. 259. There is nothing in the objection, that Timberlake was allowed to continue the action in his individual name, after Bunn’s death. Bunn was his co-obligee in the bond, his co-plaintiff in the suit, and when he died, Timberlake alone was authorized to sue. — 1 Add.- on Contr. (3d Amer. Ed.) 649-50, § 465 ; 1 Pars, on Contr.* 31.
The remaining questions we shall notice, arise on charges refused. There can be…
2Cases cited3 opinions
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Washington v. TimberlakeSupreme Court of Alabama · 1883
3Cited by9 opinions
- Littleton v. BurgessWyoming Supreme Court · 1907
- Harbin v. O'RearSupreme Court of Alabama · 1929
- Terminal Railroad Assn. of St. Louis v. SchmidtSupreme Court of Missouri · 1944
- Burton v. HenrySupreme Court of Alabama · 1890
- Salmon v. SalmonAlabama Court of Appeals · 1915
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