Branch Bank at Mobile v. McDonald
Supreme Court of Alabama
Error to the Circuit Court of Pickens. The record does not show the name of the presiding judge. This suit was commenced by attachment by the plaintiff in error against Hugh McDonald, on the ground that the defendant was a non-resident debtor; and the defendant having died during its pendency, a scire facias was issued, in the usual form, against the defendant in error, as his executor, to appear and show cause why the suit should not be revived, against him.
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Error to the Circuit Court of Pickens. The record does not show the name of the presiding judge. This suit was commenced by attachment by the plaintiff in error against Hugh McDonald, on the ground that the defendant was a non-resident debtor; and the defendant having died during its pendency, a scire facias was issued, in the usual form, against the defendant in error, as his executor, to appear and show cause why the suit should not be revived, against him. The scire facias having been returned “made known,” the defendant in error appeared, and pleaded, by consent, in bar and abatement,…
1Opinion of the Court
GOLDTH WAITE, L
The attachment in this case was sued out by a resident creditor, against the estate of a nonresident debtor. The original debtor having died before final judgment, a scire jadas was issued against his foreign executor ; and the principal question presented upon the record is, whether a suit of this character can be revived against the foreign representative. The plaintiff in error insists, that, as the statute, (Clay’s Digest 58 § 14,) under the construction which has been given to it by this court in the cases of Loomis v. Allen, 7 Ala. 708, and Hemingway v. Moore, 11 Ala.…
2Cases cited2 opinions
- Harrison v. MahornerSupreme Court of Alabama · 1848
- Hemingway v. MooreSupreme Court of Alabama · 1847