Legal Opinion

Carr v. Cowan

Supreme Court of Alabama

Decided May 13, 1954No. 6 Div. 588, 589Published

1Opinion of the Court

SIMPSON, Justice.

These appeals are from an order of the Bessemer Division of the Jefferson County Circuit Court purporting to revive by scire facias a dormant judgment — this one over ten years old — theretofore rendered against a deceased judgment debtor. (Just why two identical appeals is not clear, but they are consolidated for this single opinion.)

The trial court appointed the only heir at law (appellant Carr) of the debtor as administratrix ad litem to represent the decedent’s estate and then proceeded to enter an order of revivor against said heir individually and as administratrix ad…

2Cases cited7 opinions

  1. Enslen v. WheelerSupreme Court of Alabama · 1893
  2. Perkins, Livingston & Post v. Brierfield Iron & Coal Co.Supreme Court of Alabama · 1884
  3. Reynolds v. CrookSupreme Court of Alabama · 1891
  4. McClintock v. McEachinSupreme Court of Alabama · 1945
  5. May v. ParhamSupreme Court of Alabama · 1880

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