Rupert & Cassity v. Elston's
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. John Gill Shorter. This action was brought by the appellants, as tbe surviving partners of tbe. late firm of Rupert, McLellan & Co., against ’William L. Elston and Samuel II.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. John Gill Shorter. This action was brought by the appellants, as tbe surviving partners of tbe. late firm of Rupert, McLellan & Co., against ’William L. Elston and Samuel II. Dixon; and was founded on a promissory note, of which the following is a copy: “ 08,500. Mobile, Dec. 7, 1853. “ Sixty clays after date, we promise to pay, to the order of Rupert, MeLellan & Co., eight thousand five hundred dollars, value received; negotiable and payable at the Southern Bank of Alabama at Mobile.” (Signed,) Samuel IT. Dixon, William L.…
1Opinion of the CourtStone, J.
The act of 1802 (Olay’s Dig. 313, § 1) provides, that the death of either party, plaintiff or defendant, in a pending suit, shall not cause an abatement of the action, in case the cause of action by law survive. It then provides in what manner the representative of the party dying shall be brought before the court, and how the action shall proceed.
In 1824 another statute was passed, which provided that, where there are two or more plaintiffs or defendants in any suit, and one or more of them die, the death of such party shall be suggested upon the record; and if the *83canse of action survive,…
2Cases cited17 opinions
- Garner v. PrewittSupreme Court of Alabama · 1858
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1845
- Byrd v. McDanielSupreme Court of Alabama · 1855
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Jackson County v. DerrickSupreme Court of Alabama · 1897
- McCrary's Adm'r v. Rash's Adm'rSupreme Court of Alabama · 1877
13 more not listed; retrieve them via the Exa API.