Pope v. Irby
Supreme Court of Alabama
Appeal from Circuit Court of Wilcox. Tried before Hon. John K. Henry. A. L. Pope, senior, appellant’s intestate, brought suit in the year 1871, against appellee, on a promissory note made by appellee’s intestate. At the spring term, 1875, plaintiff’s attorney asked to make certain amendments, which the court allowed against the objection of defendant, who resisted the amendment solely on the ground that it was a departure from the original cause of action.
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Appeal from Circuit Court of Wilcox. Tried before Hon. John K. Henry. A. L. Pope, senior, appellant’s intestate, brought suit in the year 1871, against appellee, on a promissory note made by appellee’s intestate. At the spring term, 1875, plaintiff’s attorney asked to make certain amendments, which the court allowed against the objection of defendant, who resisted the amendment solely on the ground that it was a departure from the original cause of action. Plaintiff’s attorney, who was also attorney for appellant, suggested that the plaintiff was dead, .•and, as attorney for the…
1Opinion of the CourtBrickell, C. J.
The only question presented by the record, is the right of a personal representative of a deceased plaintiff to revive a pending suit, the cause of action surviving, more than eighteen months having elapsed from the death of the plaintiff, before the application to revive is made. The statute (B. C. § 2542) authorizing the revivor of pending suits, and preventing their abatement, because of the death, or other intervening disability of plaintiff or defendant, limits the right of revivor to eighteen months from the occurrence of the event which renders it necessary to revive. The policy of the…
2Cited by11 opinions
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- Brown v. TutwilerSupreme Court of Alabama · 1878
- Spaeth v. SellsU.S. Circuit Court for the District of Southern Ohio · 1909
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