Brandon v. Cabiness
Supreme Court of Alabama
Error to the Chancery Court of Madison. The bill was filed by Kennon Harris, against Samuel Hughes, who died during the progress of the suit, and it was revived in the name of W. Brandon, his administrator. The bill alledges, that the complainant was indebted to the firm of Bierne & Patton, who had a judgment against him.
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Error to the Chancery Court of Madison. The bill was filed by Kennon Harris, against Samuel Hughes, who died during the progress of the suit, and it was revived in the name of W. Brandon, his administrator. The bill alledges, that the complainant was indebted to the firm of Bierne & Patton, who had a judgment against him. That to discharge the judgment, he borrowed from Hughes $600, and shortly afterwards sold to Hughes a negro boy, by the name of Sam, in payment of the money so borrowed, which satisfied him for the whole amount so borrowed, except about $8 56, which he has since paid. That…
1Opinion of the CourtOrmond, J.
The objection, that the assignee in bankruptcy was not made a party by bill of revivor, cannot prevail. It appears that the parties appeared by their solicitors, and the bankruptcy of complainant being suggested, leave was given to revive in the name of Cabiness, the assignee in bankruptcy, on his being indemnified against the costs of the suit. At a succeeding term an agreement was made by the counsel on both sides, that the depositions be opened by consent. This agreement, which is signed by the counsel, is headed, “ Cabiness assignee v. Brandon adm’r.” We think this will admit of no other…
2Cited by9 opinions
- Lehman Bros. v. McQueenSupreme Court of Alabama · 1880
- Acton v. Board of CommissionersSupreme Court of Alabama · 1968
- American National Bank & Trust Co. of Mobile v. LongSupreme Court of Alabama · 1968
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Garrett v. Garrett's Adm'rSupreme Court of Alabama · 1879
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