Ex parte Northington
Supreme Court of Alabama
Application by William IL Northington, as the executor of John D. Fralick, deceased, for a mandamus, proce-dendo, or other appropriate writ, process, or order, to be directed to the circuit court of Autauga, to compel that court to allow the petitioner to proceed in a certain cause, therein pending, in which the petitioner, as executor of said Fralick, was plaintiff, and one John E. Williams was defendant.
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Application by William IL Northington, as the executor of John D. Fralick, deceased, for a mandamus, proce-dendo, or other appropriate writ, process, or order, to be directed to the circuit court of Autauga, to compel that court to allow the petitioner to proceed in a certain cause, therein pending, in which the petitioner, as executor of said Fralick, was plaintiff, and one John E. Williams was defendant. It appeared from tbe transcript which was made an exhibit to the petition, that-.said Fralick commenced an action at law against said-Williams, by ordinary-summons and complaint, on the…
1Opinion of the CourtStone, J.
That all adult person, .who is of unsound mind, can become liable by implied contract, for necessaries suitable to his estate and condition in life, is a proposition upheld alike, by reason and authority. — Chitty on Con. *499131-2 5 Baxter v. Earl of Portsmouth; & Barn. & Cr. 170; Brown v. Jodrell, 3 C. & P. 30; Chit. Med. Ju. 350; Hallett v. Oakes, 1 Cush. (Mass.) 296 ; Tally v. Tally, 2 Dev. & Batt. 385; Richardson v. Strong, 13 ired. 106. And, at least where no guardián has been appointed for such adult non compos, the suit must, in the nature of things, be prosecuted against him whose…
2Cases cited5 opinions
- Walker v. ClaySupreme Court of Alabama · 1852
- Clarke v. DunhamNew York Supreme Court · 1847
- Faulkner v. M'ClureNew York Supreme Court · 1820
- Robertson v. LainNew York Supreme Court · 1839
- Cameron's committee v. PottingerCourt of Appeals of Kentucky · 1813
3Cited by7 opinions
- Borum v. BellSupreme Court of Alabama · 1902
- Duncan v. JohnsonSupreme Court of Alabama · 1940
- Modawell v. HolmesSupreme Court of Alabama · 1867
- Garrett v. HeflinSupreme Court of Alabama · 1893
- Gulfport Fert. Co. v. JonesAlabama Court of Appeals · 1916
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