Ex parte Sayre
Supreme Court of Alabama
This was ah application to this court for a writ of mandamus by Ruth Sayre and others, petitioners, to compel the Circuit •Court of Montgomery county to reinstate on the docket of said •court a cause which had been pending in said court, but which had, on motion, been stricken therefrom, and in which the petitioners were plaintiffs. The facts are stated in the opinion.
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This was ah application to this court for a writ of mandamus by Ruth Sayre and others, petitioners, to compel the Circuit •Court of Montgomery county to reinstate on the docket of said •court a cause which had been pending in said court, but which had, on motion, been stricken therefrom, and in which the petitioners were plaintiffs. The facts are stated in the opinion. In an action of ejectment, io recover damages it is necessary to revive; but to recover the possession of the land, it is not necessary, at common law, to revive. If, on notice by the casual ejector, the tenant fails to appear,…
1Opinion of the CourtStone, J.
There was an action of ejectment brought in July, 1871, by John Doe, on the demise of several named lessors, against Diehard Doe, on which the customary notice was issued to P. W. Donaldson, as tenant in possession, or claiming title to the premises sued for. This Cause was several times continued, and on May 16th, 1876, “the death of P. W. Donaldson, the defendant, is [was] suggested and proved, and leave granted the plaintiff to revive this suit against the' personal representatives of the defendant, and cause continued.” The name -of the personal representative is not given, and no…
2Cases cited5 opinions
- Evans v. WelchSupreme Court of Alabama · 1879
- Brown v. TutwilerSupreme Court of Alabama · 1878
- Cheney v. CheneySupreme Court of Vermont · 1854
- Torrance v. BetsyMississippi Supreme Court · 1855
- Van Rensselaer v. OwenNew York Supreme Court · 1866
3Cited by7 opinions
- Webster v. TalleySupreme Court of Alabama · 1948
- Reynolds v. CrookSupreme Court of Alabama · 1891
- Holman v. ClarkAlabama Court of Appeals · 1914
- State ex rel. Wilder v. SmithAlabama Court of Appeals · 1915
- Ex Parte MeadorSupreme Court of Alabama · 1918
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