Newell v. Bushard
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by A. T. Newell and others against J. B. Bushard, as executor, and others, to enjoin the prosecution of an action at law. From a decree for respondents, complainants appeal.
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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by A. T. Newell and others against J. B. Bushard, as executor, and others, to enjoin the prosecution of an action at law. From a decree for respondents, complainants appeal. The bill is filed to enjoin an action at law brought by the respondents against the complainants, and is based on the ground that the complainants have settled and discharged the claim there sued on by the payment of $1,000 to Mrs. Mary Bushard, the widow and sole distributee of the estate of Thomas E. Bushard, and that she has executed a full and…
1Opinion of the CourtSomerville, J.
The sole question presented by this appeal is: Can a sole heir and distributee, after administration and after suit brought, settle and release the claim as to damages for the wrongful death of the intestate (or testator), without the assent of the personal representative, so as to create thereby an equitable defense to the further prosecution of the action, which a court of equity will enforce by a writ of injunction against the personal representative?
In the case of Kennedy v. Davis, 171 Ala. 609, 55 South. 104, Ann. Cas. 1913B, 225, it was held that such a settlement and release, made…
2Cases cited7 opinions
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- City of Louisville v. Hart's Admr.Court of Appeals of Kentucky · 1911
- Kennedy v. DavisSupreme Court of Alabama · 1911
- Holt v. StollenwerckSupreme Court of Alabama · 1911
- White v. WardSupreme Court of Alabama · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Hampton v. RobersonSupreme Court of Alabama · 1935
- Bell v. NelsonAlabama Court of Appeals · 1933
- Boyd v. RichieSupreme Court of South Carolina · 1930