Barclay v. Barclay
Supreme Court of Alabama
Apreax, from the Circuit Court of Talladega. Tried before Hon. John Henderson. This was a motion for a summary judgment by the . appellee against the appellant, as the administratrix of the. estate of-H. G. Barclay, deceased.
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Apreax, from the Circuit Court of Talladega. Tried before Hon. John Henderson. This was a motion for a summary judgment by the . appellee against the appellant, as the administratrix of the. estate of-H. G. Barclay, deceased. The following is a copy ‘ of the motion served upon the defendant: “ Mrs. Margaret A. Barclay, as the administratrix of the estate of H. G. Barclay, deceased : You will please take notice, that a motion will be made on Friday, the 80th instant, in the above entitled cause, now pending in the circuit court for Talladega county, Alabama, for a judgment against you, in…
1Opinion of the Court
JUDGE. J.
The requisites necessary to sustain a summary judgment, on notice and motion, have been often stated by this court. — See Connolly v. Ala. & Tenn. R. R. R., 29 Ala. 373, and authorities in that case cited.
In the present case, notice was given that the motion would be made, on Friday the 30th of November, 1866. The judgment entry shows that it was not made until the day after, which was the 1st of December. Appellant not appearing to contest the motion when it was submitted, and the record not showing that it was submitted at the proper time and continued to December 1st, the motion»…
2Cases cited4 opinions
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Andrews' Adm'r v. Branch Bank at MobileSupreme Court of Alabama · 1846
- Gary v. Bank of AlabamaSupreme Court of Alabama · 1847
- Irwin v. ScruggsSupreme Court of Alabama · 1858
3Cited by6 opinions
- Garrett v. Mills.Supreme Court of Alabama · 1907
- Ewing v. WoffordSupreme Court of Alabama · 1898
- Warwick v. BrooksSupreme Court of Alabama · 1881
- Garnett v. ScottSupreme Court of Alabama · 1922
- James v. MoseleySupreme Court of Alabama · 1872
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