Barclift v. Treece
Supreme Court of Alabama
Action on Promissory Note, payable to Oomm.ittee of Lunatic. Appeal from the Circuit Court of Blount. Tried before the Hon. Leroy E. Box. This action was brought in the name of James A. Reid, who was described as “ a lunatic, who sues by his next friend, S. S. Walker,” against John Reid ; was commenced on the 5th September, 1874, and was founded on a bond, or promissory note under seal, for $1,405, executed by the defendant and one A. O. Walker, who was not sued.
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Action on Promissory Note, payable to Oomm.ittee of Lunatic. Appeal from the Circuit Court of Blount. Tried before the Hon. Leroy E. Box. This action was brought in the name of James A. Reid, who was described as “ a lunatic, who sues by his next friend, S. S. Walker,” against John Reid ; was commenced on the 5th September, 1874, and was founded on a bond, or promissory note under seal, for $1,405, executed by the defendant and one A. O. Walker, who was not sued. The instrument sued on is not set out in the record, but it was described in the complaint as “ payable to J. Felix Walker,…
1Opinion of the CourtClopton, J.
The action was brought in the name of the plaintiff’s intestate, who was a lunatic, by his next friend, to recover on a bond, executed by the defendant’s intestate, and payable to one Walker, “committee” for the plaintiff. The plaintiff died during the pendency of the suit, and it was revived in the name of the appellee, as his personal representa*531tive, to whom administration was compiitted by the Probate Court of St. Clair county. Thereupon, a plea was interposed, negativing the existence of the statutory facts which gave that court authority to grant administration, and averring that it was…
2Cases cited6 opinions
- Coltart v. AllenSupreme Court of Alabama · 1866
- Burke v. MutchSupreme Court of Alabama · 1880
- Catlin, Peeples & Co. v. GildersSupreme Court of Alabama · 1842
- Hatchett v. BerneySupreme Court of Alabama · 1880
- Hatchett v. BillingsleaSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Holmes v. HolmesSupreme Court of Alabama · 1925
- Alabama Great Southern Railroad v. HillSupreme Court of Georgia · 1913
- Saner-Ragley Lumber Co. v. SpiveyTexas Commission of Appeals · 1922
26 more not listed; retrieve them via the Exa API.