Davis v. Davis
Supreme Court of Alabama
Action on Common Counts, for Goods Sold and Delivered. Appear from the Circuit Court of Limestone. Tried before the Hon. IT. C. Speake. This action was brought by “James Trabue, Vm.
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Action on Common Counts, for Goods Sold and Delivered. Appear from the Circuit Court of Limestone. Tried before the Hon. IT. C. Speake. This action was brought by “James Trabue, Vm. A. Davis and Richard Trabue, late partners doing business under the firm name and style of Trabue, Davis & Co.,” as the plaintiffs are described in the complaint, though in the heading of the complaint, as well as in the summons, they are called “Trabue, Davis & Co.;” against the administrator of the estate of Mrs. Eliza A. F. Lane, deceased. The action was commenced on the 26th October, 1883, and was founded on…
1Opinion of the CourtStone, C. J.
— This is the second appeal in this case. Garrett, adm'r, v. Trabue, Davis & Co., 82 Ala. 227. Pending the suit in the Circuit Court, Trabue, one of the plaintiffs, died. Much more than eighteen months afterwards his death was suggested, and an order was made continuing the cause on the docket in the names of the survivors. It was contended in the court below, and the contention is renewed here, that the death of one of the plaintiffs rendered a revivor necessary; and inasmuch as no steps w?ere taken looking to such revivor until alter the eighteen months expired, it is claimed that the…
2Cases cited5 opinions
- Mason v. HallSupreme Court of Alabama · 1857
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Garrett v. Trabue, Davis & Co.Supreme Court of Alabama · 1886
- Shotwell & Co. v. Gilkey's Adm'rsSupreme Court of Alabama · 1858
- Dolberry v. Trice'sSupreme Court of Alabama · 1873
3Cited by1 opinion
- Phillips v. HolmesSupreme Court of Alabama · 1910