Blackburn v. Fitzgerald
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard before the Hon. Thomas H. Smith. The 'bill in this case was filed by the appellants, as heirs at law of W. H. Blackburn, deceased, against the appellees, J. T. Fitfigerald, as administrator of the estate of W. H. Blackburn, deceased, Samuel A. Nelms, administrator of the estate of Sydney S. Blackburn, deceased, and Lilly Blackburn, the widow of Sydney S. Blackburn, deceased, and Sydney Blackburn, the minor child of Sydney S.…
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Appeal from the Chancery Court of Perry. Heard before the Hon. Thomas H. Smith. The 'bill in this case was filed by the appellants, as heirs at law of W. H. Blackburn, deceased, against the appellees, J. T. Fitfigerald, as administrator of the estate of W. H. Blackburn, deceased, Samuel A. Nelms, administrator of the estate of Sydney S. Blackburn, deceased, and Lilly Blackburn, the widow of Sydney S. Blackburn, deceased, and Sydney Blackburn, the minor child of Sydney S. Blackburn, deceased. Tim purpose of the bill and the facts averred therein are sufficiently stated in the opinion. On the…
1Dissent
Justices Hakalson and Tyson
dissent from the conclusion reached on the motion to dismiss the bill for want of equity, and cannot concur in the reasons given by which that conclusion was reached. Tyson, J., desires to say further that the record shows that the submission on the motion to dismiss was in vacation. Since the case of Kingsbury v. Milner, 69 Ala. 505, the rule has been that notwithstanding the facts shown by the bill, after considering all amendable defects as cured, do not make a case for equitable relief, still as the right of amendment is conferred by statute, the court cannot…
2Cases cited9 opinions
- Gilmer v. WallaceSupreme Court of Alabama · 1883
- Goodlett v. KellySupreme Court of Alabama · 1883
- Kingsbury v. MilnerSupreme Court of Alabama · 1881
- Wright v. DunklinSupreme Court of Alabama · 1887
- Massey v. ModawellSupreme Court of Alabama · 1882
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