Torrey v. Bishop
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. On November 25,1890, Charles Torrey, as executor of John Bowen, deceased, brought a statutory action .of ejectment in the Baldwin county circuit court against James A. Bishop and Elisha Forbes, to recover the possession of certain specifically described lands.
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. On November 25,1890, Charles Torrey, as executor of John Bowen, deceased, brought a statutory action .of ejectment in the Baldwin county circuit court against James A. Bishop and Elisha Forbes, to recover the possession of certain specifically described lands. At the April or Spring term, 1891, of said court, the cause coming up for trial, the plaintiff dismissed the suit as to the defendant, James A. Bishop, and proceeded against Elisha Forbes. Thereupon, the defendant Forbes moved the court to abate the suit-of…
1Opinion of the CourtMcCLELLAN, J.
If the consolidated cause of Torrey v. Bishop and Forbes was not at issue at the Spring tei’m, 1893 of the Baldwin circuit court, that court was without authority to impose terms upon the plaintiff as a condition to a continuance, and the judgment of dismissal entered at the succeeding term for the failure of the plaintiff to comply with the terms thus imposed was erroneous. Whether the cause was then at issue turns upon the inquiry *551whether a judgment in the statutory substitute for the action of ejectment may go against an administrator, who is brought in upon the death of the original…
2Cases cited5 opinions
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3Cited by13 opinions
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