Legal Opinion

Thomason v. Gray

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 10 opinions

Appeal from Calhoun Circuit Court. Heard before the Hon. L. F. Box. cited McArthur v. Dane, 61 Ala. 539; Werbornv. Pinney, 76 lb. 291.

1Opinion of the CourtSomerville, J.

Tlie Circuit Court, in our opinion, did not err in refusing to quash the execution against the appellant, Thomason, which was issued in the name of the appellee, Bolán B. Gray. The contention of the petitioner was that Gray, being a minor, and having brought the suit by his next friend as required by statute (Code, 1886, § 2579), and recovered judgment in the Circuit Court in this form, the execution should follow that judgment, although on appeal taken to the last term of the Supreme Court the judgment was here affirmed as one in favor of Gray, omitting all allusion to his next friend.

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2Cases cited6 opinions

  1. Wiswell v. MunroeSupreme Court of Alabama · 1842
  2. Cook v. AdamsSupreme Court of Alabama · 1855
  3. Werborn v. PinneySupreme Court of Alabama · 1884
  4. Stephens v. Norris, Stodder & Co.Supreme Court of Alabama · 1848
  5. McArthur v. DaneSupreme Court of Alabama · 1878

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3Cited by10 opinions

  1. Whitten v. DabneyCalifornia Supreme Court · 1915
  2. Hogan v. IngoldCalifornia Supreme Court · 1952
  3. Irwin v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1925
  4. Collins v. GillespySupreme Court of Alabama · 1906
  5. Ryan v. RyanSupreme Court of Alabama · 1959

5 more not listed; retrieve them via the Exa API.

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