Legal Opinion

Innerarity v. Frowner

Supreme Court of Alabama

Decided January 15, 1841PublishedCited by 3 opinions

Writ of error to the Circuit Court of Mobile County. Action of assumpsit, commenced by Samuel Acre, in the Spring of 1838. At the Spring Term of 1840, his death was suggested, and James Frowner, his administrator, made a party. The record does not shew how Frowner was appointed, nor is there any evidence of his right, to make himself a party, appearing in any part of the proceedings.

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Writ of error to the Circuit Court of Mobile County. Action of assumpsit, commenced by Samuel Acre, in the Spring of 1838. At the Spring Term of 1840, his death was suggested, and James Frowner, his administrator, made a party. The record does not shew how Frowner was appointed, nor is there any evidence of his right, to make himself a party, appearing in any part of the proceedings. The defendant having failed to appear and plead, an interlocutory judgment by default was taken, and the case continued until the next term of the Court, at which the damages were directed to be assessed Another…

1Opinion of the CourtGoldthwaite, J.

1. After the defendant was served with the process in this case, it became his duty to attend to the progress of the .suit, until he should be discharged temporarily, by its continuance from time to time, or finally, by its termination, by the judgment of the Court. We must, therefore, pre-. sume that he was before the Court, when the plaintiff’s death was suggested, and the administrator made a party. Then was the proper time to contest the right of the administrator to become a party to the suit: and the sufficiency of his title could have been tested by an issue of law, or of fact, as the…

2Cases cited1 opinion

  1. Copewood v. Taylor's adm'rSupreme Court of Alabama · 1838

3Cited by3 opinions

  1. Sharp v. HallSupreme Court of Alabama · 1888
  2. National Surety Co. v. First Nat. Bank of OpelikaSupreme Court of Alabama · 1932
  3. Sawyer v. BrysonSupreme Court of Kansas · 1872

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