Moore v. Armstrong
Supreme Court of Alabama
Error to the Court of Chancery at Mobile. Bill of complaint heard before' Crenshaw, Chancellor' of the Southern Division. The original bill in this case, was filed by Adana Tay-3 lor, sole heir' at law, and distributee of James Taylor,-his deceased brother, and certain persons, his creditors, to» whom he had assigned his claim on the estate of his brother, against Wood1, the administrator. To this- bill# there was a demurrer filed.
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Error to the Court of Chancery at Mobile. Bill of complaint heard before' Crenshaw, Chancellor' of the Southern Division. The original bill in this case, was filed by Adana Tay-3 lor, sole heir' at law, and distributee of James Taylor,-his deceased brother, and certain persons, his creditors, to» whom he had assigned his claim on the estate of his brother, against Wood1, the administrator. To this- bill# there was a demurrer filed. Wood was a citizen of Louisiana, and an order for publication was made, before the' expiration- of Which, Wood died. An amended bill was then filed, in which the…
1Opinion of the CourtCollier, C. J.
In this case, the following questions arise:
1. Can a party, whose demurrer has been overruled, and to whom time has been given to answer, be allowed *699to demur again, the complainants, in the meantime, having amended their bill, by conjoining another person as a plaintiff?
2. Is it available on demurrer, that a party has been joined as plaintiff, who has no interest in litigating the matters stated in the bill?
3. Can an administrator and his sureties be joined, or if the administrator be dead, can the sureties be sued alone in equity, before a liability has been fixed upon their principal by…
2Cases cited1 opinion
- Whitney v. M'KinneyNew York Court of Chancery · 1823
3Cited by13 opinions
- Green's Administratrix v. CreightonSupreme Court of the United States · 1860
- McDowell v. JonesSupreme Court of Alabama · 1877
- Foster v. MabeSupreme Court of Alabama · 1842
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
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