Foster v. Chamberlain & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hou. C. W. Rapier. This action was brought by Chamberlain & Co., against Herman Parker and Phineas O. Poster, to recover “ a certain schooner flat-boat, named and called The California,” together with damages for its detention; and was commenced on the 27th August, 1861. On the trial, as the bill of exceptions states, “ when the evidence was closed, the court inquired, before charging the jury, what were the pleas in…
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Appeal from the Circuit Court of Mobile. Tried before the Hou. C. W. Rapier. This action was brought by Chamberlain & Co., against Herman Parker and Phineas O. Poster, to recover “ a certain schooner flat-boat, named and called The California,” together with damages for its detention; and was commenced on the 27th August, 1861. On the trial, as the bill of exceptions states, “ when the evidence was closed, the court inquired, before charging the jury, what were the pleas in the case. The reply was, the general issue; but this plea, it appeared, had not been reduced to writing. The defendant’s…
1Opinion of the CourtJudge, J.
1. In Rupert & Cassity v. Elston's Executor, (35 Ala. 79,) our statutes and previous decisions, relating to the abatement and revivor of actions, are reviewed. Stoke, J., in delivering the opinion of the court in that case, said: “ These statutes were construed at an early day; and it was held that, in cases where there were more plaintiffs or defendants than one, then the death of a part of the plaintiffs or defendants did not authorize the joining of the representative of a deceased party, as a co-plaintiff or co-defendant with the survivor or survivors. The proper rule, in such case, was…
2Cases cited14 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Miller v. Jones' Adm'rSupreme Court of Alabama · 1856
- Reese v. HarrisSupreme Court of Alabama · 1855
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Lucas v. DanielsSupreme Court of Alabama · 1859
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Carlisle v. Peoples BankSupreme Court of Alabama · 1898
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Wellden v. WittSupreme Court of Alabama · 1905
- Nelson v. HowisonSupreme Court of Alabama · 1898
11 more not listed; retrieve them via the Exa API.