State ex rel. Wilder v. Smith
Alabama Court of Appeals
Mandamus. Original petition in Court of Appeals. Petition by tbe state on tbe relation of Samuel Wilder, for mandamus to compel tbe Hon. C. B. Smith, as Judge, to reinstate a cause dismissed, and to enter an order of revivor against a personal representative.
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Mandamus. Original petition in Court of Appeals. Petition by tbe state on tbe relation of Samuel Wilder, for mandamus to compel tbe Hon. C. B. Smith, as Judge, to reinstate a cause dismissed, and to enter an order of revivor against a personal representative. Tbe court should have granted tbe motion to' revive this cause; upon tbe death of tbe executrix, it was necessary to revive tbe action in twelve months against tbe administrator de bonis non. — Code of Alabama, Secs. 2499, 2500, 2805; Holman v. Clarke, 65 South. Rep. 913.; Ex parte Sayre, 69 Ala. 184; Pope Adm’r v. Irby, Adm’r, 57 Ala.…
1Opinion of the CourtPelham, P. J.
The petitioner, Samuel Wilder, brought suit against Sallie H. Bush as executrix, etc., on a promissory note in the court of common pleas of Birmingham on September 4, 1912, and on September 23, 1912, judgment was rendered for the plaintiff, and the defendant took an appeal to the circuit court. The case was first set for trial in the circuit court on the 8th day of May, 1913, but was continued under the. general order of the court because of not having been reached for trial. ' Sallie H. Bush died on the 4th day of October, 1913, while the suit was still pending. The case was next set for…
2Cases cited10 opinions
- Evans v. WelchSupreme Court of Alabama · 1879
- Brown v. TutwilerSupreme Court of Alabama · 1878
- Pope v. IrbySupreme Court of Alabama · 1876
- Ex parte HowellSupreme Court of Alabama · 1897
- Ex parte JonesSupreme Court of Alabama · 1875
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3Cited by5 opinions
- State ex rel. Townley v. PughAlabama Court of Appeals · 1916
- E. E. Forbes Piano Co. v. HaySupreme Court of Alabama · 1917
- State ex rel. Wilder v. SmithSupreme Court of Alabama · 1915
- Townley v. BurginAlabama Court of Appeals · 1915
- Walker v. EnglishSupreme Court of Alabama · 1951