Waddill v. John
Supreme Court of Alabama
Appeal from tlie Circuit Court of Dallas. Tried before Hon. M. J. Sapfold. The opinion states the facts. The scire facias issued in this case is absolutely void.
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Appeal from tlie Circuit Court of Dallas. Tried before Hon. M. J. Sapfold. The opinion states the facts. The scire facias issued in this case is absolutely void. The proceeding was attempted to be had under section 2544 of the Revised Code; but the scire facias is entirely defective, in not showing that the defendant’s death had been suggested, and a motion made to revive. — Rev. Code, § 2544. Suits commenced by scire facias are like other actions, and a reasonable certainty in describing the record, which is the foundation of the action, is required. — Toulmin v. Bennett dj Laidlmo, 3 Stew.…
1Opinion of the CourtB. F. Saeeold, J.
This suit was commenced in 1867,-by the appellee, in the city court of Selma, against Eager and William Waddill, on a promissory note made by them in 1859. At the January term,. 1869, judgment was rendered against Eager, and the death of Waddill was suggested, and a scire facias asked for to his executor, the appellant. The citation was in these words:
“ The State of Alabama, j To any sheriff'' of the State-Dallas county. f of Alabama, greeting: You
are hereby commanded to summon J. Cooper Waddill to-*237be and appear at the next term of this court, to be held ón the second Monday in July, 1869,…
2Cases cited3 opinions
- Moore v. EasleySupreme Court of Alabama · 1851
- State v. AllenSupreme Court of Alabama · 1859
- Lore v. McRaeSupreme Court of Alabama · 1847
3Cited by5 opinions
- Penney v. SpeakeSupreme Court of Alabama · 1951
- State ex rel. Townley v. PughAlabama Court of Appeals · 1916
- State ex rel. Wilder v. SmithAlabama Court of Appeals · 1915
- Waddill v. JohnSupreme Court of Alabama · 1876
- Walker v. EnglishSupreme Court of Alabama · 1951