C. A. Stern & Co. v. Collier
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. These two cases involve identically the same questions, and the records are in all respects similar, and they were, therefore, submitted together. The suits were originally brought by the appellants, O. A. Stem & Co., against the appellees, and judgment was rendered for plaintiifs for a certain amount in each case.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. These two cases involve identically the same questions, and the records are in all respects similar, and they were, therefore, submitted together. The suits were originally brought by the appellants, O. A. Stem & Co., against the appellees, and judgment was rendered for plaintiifs for a certain amount in each case. The judgment entries recited: “It being suggested that the estate of G-. C. Collier, the intestate of T. A. Collier, was insolvent, it is ordered by the court that this judgment be certified to the probate…
1Opinion of the CourtMcCLELLAN, J.
If the question intended to be presented in these cases was before us, we should probably hold that the circuit court erred in ordering that no execution issue on the judgments, and that they be certified to the probate court on the mere suggestion of defendant that the estate of his intestate “is insolvent.” The fact that said estate had been declared insolvent should have been pleaded — not merely suggested — and proved. — Code, §§ 2250, 2251; Dolberry v. Trite’s Executor, 49 Ala. 207; Cunningham v. Lindsay, 77 Ala. 510.
But the question is not presented by this record. We find in the…
2Cases cited2 opinions
- Dolberry v. Trice'sSupreme Court of Alabama · 1873
- Cunningham v. LindsaySupreme Court of Alabama · 1884
3Cited by1 opinion
- Lavergne v. Evans Bros., Construction Co.Supreme Court of Alabama · 1910