Gregg v. Bethea
Supreme Court of Alabama
Error to the Circuit court of Wilcox county. The defendant in error, guardian of George H. Stro-ther, presented his application to the County court of Wilcox county, praying that a citation might issue to Robert H. Gregg, one of the plaintiffs in error, executor of the last will and testament of Lucy Strother, dec’d, requiring him to shew cause, on a day certain, why an order should not be made, making an appropriation to said defendant in error, guardian of the said' George…
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Error to the Circuit court of Wilcox county. The defendant in error, guardian of George H. Stro-ther, presented his application to the County court of Wilcox county, praying that a citation might issue to Robert H. Gregg, one of the plaintiffs in error, executor of the last will and testament of Lucy Strother, dec’d, requiring him to shew cause, on a day certain, why an order should not be made, making an appropriation to said defendant in error, guardian of the said' George H. Strother, for raising said George H. Strother, who was entitled to a legacy under the will of said Lucy Strother: —…
1Opinion of the CourtGoldthwaite, J.
The death of Strother R. Gregg, one of the plaintiffs in error, is suggested, and it is now moved to continue the case, in order to make his personal representatives parties to this suit, when known.
At common law, a writ of error abated, where one of several plaintiffs in error died before errors assigned ; in which case, the defendant in error would have had to sue out a scire facias quare executionem non, against the survivors, to revive the judgment, before he could have sued out execution ; as á writ of error is a supersedeas, which continues until the court is apprised of the abatement…
2Cases cited2 opinions
- M'Leod v. MasonSupreme Court of Alabama · 1837
- Guardian of Christian v. ChristianSupreme Court of Alabama · 1836
3Cited by12 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Allen, Ball & Co. v. Mayor of SavannahSupreme Court of Georgia · 1851
- Bowie v. MinterSupreme Court of Alabama · 1841
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
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