Birmingham Railway, Light & Power Co. v. Cunningham
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hon. Charles A. Benn. The proceedings in this case was had upon a petition filed by the appellee, W. C. Cunningham, as administrator of the estate of A. B. Jackson, deceased, and addressed to. the judges of the City Court of Birmingham, praying for the issuance of the unfit of scire facias to revive a judgment in the petitioner’s name as administrator of A. B. Jackson, deceased, against the Birmingham Bail-way &…
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Appeal from the City Court of Birmingham. Heard before the Hon. Charles A. Benn. The proceedings in this case was had upon a petition filed by the appellee, W. C. Cunningham, as administrator of the estate of A. B. Jackson, deceased, and addressed to. the judges of the City Court of Birmingham, praying for the issuance of the unfit of scire facias to revive a judgment in the petitioner’s name as administrator of A. B. Jackson, deceased, against the Birmingham Bail-way & Electric Company. The Birmingham Bailway & Electric Company and Bobert Jemison and J. B. Mc-Olary were made respondents to…
1Opinion of the Court
McCLELLAN, O. J.
The judgment rendered in (diis court on June 28th, 1902, affirming the judgment of the city court in the case of Birmingham Railway & Electric Co. v. A. B. Jackson, 34 South. 994, had effect as of date of the submission of the cause here' which occurred during the lifetime of the appellee, said Jackson, though in fact rendered after his death; and upon the certification of said judgment of affirmance to the city court, it stood in that court as a judgment rendered in his lifetime, but of which execution had not been had before his death. Therefore, the appropriate proceeding…
2Cited by2 opinions
- Middleton v. Dan River, Inc.District Court, M.D. Alabama · 1985
- Pearce v. Brilliant Coal Co.Supreme Court of Alabama · 1917