Patterson v. Burnett
Supreme Court of Alabama
ERROR to the Circuit Court of Wilcox. Assumpsit by the intestate of the defendant against the plaintiff in error. The death of the plaintiff being suggested, the suit was revived in the name of Jonathan M. Hill, his administrator ex officio.
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ERROR to the Circuit Court of Wilcox. Assumpsit by the intestate of the defendant against the plaintiff in error. The death of the plaintiff being suggested, the suit was revived in the name of Jonathan M. Hill, his administrator ex officio. At a subsequent term of the court, Samuel Barnett, sheriff, and administrator ex officio, was made a party plaintiff — . The entry of judgment is as follows: Harris S.Evans v,Duncan A. W. Patterson and Atlas C. Hinson; .which, after reciting the verdict of the jury, proceeds, “it is, therefore considered by the court, that the plaintiff recover, &c.” From…
1Opinion of the Court
ORMOND,’ J.
The case of Coopwood v. Taylor’s adm’r, [7 Porter, 34,] is an authority fully in point, that the objection to the revival of the suit, cannot be made in this court, if not urged *845in the court below. In addition, it may be added that the record shows that the suit was regularly revived, first in the name of Hill, as'sheriff and administrator ex officio, and afterwards in the name of Burnett, as his successor.
The recital of the clerk at the head of the judgment entry, is merely for the purpose of identifying the cause to which the judgment relates, and if he makes a mistake in the…
2Cited by4 opinions
- Kennedy v. YoungSupreme Court of Alabama · 1854
- Smith v. RedusSupreme Court of Alabama · 1846
- Ory-Cohen v. TaylorSupreme Court of Alabama · 1922
- Lamkin v. DudleySupreme Court of Alabama · 1859