Witherington v. Brantley
Supreme Court of Alabama
Error to the Circuit Court of Conecuh. Tried before the Hon. John J. Woodward. 1. The administrator had the right to resign, under our statute, and the administrator de bonis non was the proper successor in the suit. — See Skinner v. Frierson, 8 Ala. 915; Warren v. Rist, 16 ib. 686; Elliott v. Eslava, 3 ib. 568. 2- The plaintiff below could, at his election, retain the administrator in chief (unless he showed either a due administration, or a transfer of all the assets to…
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Error to the Circuit Court of Conecuh. Tried before the Hon. John J. Woodward. 1. The administrator had the right to resign, under our statute, and the administrator de bonis non was the proper successor in the suit. — See Skinner v. Frierson, 8 Ala. 915; Warren v. Rist, 16 ib. 686; Elliott v. Eslava, 3 ib. 568. 2- The plaintiff below could, at his election, retain the administrator in chief (unless he showed either a due administration, or a transfer of all the assets to the succeeding administrator,) or he might accept the resignation of administrator in chief, and proceed to make the…
1Opinion of the CourtParsons, J.
Paul, to use of Brantley, commenced his action against Witherington as administrator of Dukes, before a justice of the peace in Conecuh county, and recovered a judgment. Witherington appealed to- the Circuit Court of that county, giving J. C. King as surety in the appeal bond.
After the cause reached the Circuit Court, it was suggested, but it is not said by whom, that Witherington had resigned the administration, and-thereupon a sci.fa. was awarded against the administrator de bonis non. It does not appear at whose instance this was done, nor who the administrator de bonis-non was. But the…
2Cases cited3 opinions
- Skinner v. FriersonSupreme Court of Alabama · 1846
- McBarnett v. BreedSupreme Court of Alabama · 1844
- Kenum v. HendersonSupreme Court of Alabama · 1844
3Cited by4 opinions
- Jean v. SandifordSupreme Court of Alabama · 1864
- McLeod v. StateSupreme Court of Alabama · 1860
- Rich v. LowenthalSupreme Court of Alabama · 1892
- Sherry v. PriestSupreme Court of Alabama · 1876