Carr v. Illinois Central R. R.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by E. Carr, as administrator of the estate of David Dodd, deceased, to set aside a consent judgment rendered in favor of a former administrator against the Illinois Central Railroad Company for damages for the death of his deceased. Prom a decree for respondent complainant appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by E. Carr, as administrator of the estate of David Dodd, deceased, to set aside a consent judgment rendered in favor of a former administrator against the Illinois Central Railroad Company for damages for the death of his deceased. Prom a decree for respondent complainant appeals. Having issued letters the probate court of Winston county acquired jurisdiction of the estate to the exclusion of every other court as to property within this state. — Sections 2519, 2530, Code 1907. Therefore the letters issued in…
1Opinion of the CourtSayre, J.
This bill was filed by appellant as administrator of the estate of David Dodd, deceased, seeking to set aside a judgment rendered in favor of a preceding administrator of the same estate in a suit which the former administrator had brought against defendant for the recovery of damages for the alleged wrongful death of complainant’s intestate. The ultimate purpose of the bill is to remove the obstacle of the former judgment of recovery which stands in the way of any suit the present administrator may bring for the recovery of damages on account of his intestate’s death. Appellant’s case is…
2Cases cited10 opinions
- Wadhams v. Flagler GayIllinois Supreme Court · 1874
- Gay v. ParpartSupreme Court of the United States · 1883
- Lawrence Manufacturing Co. v. Janesville Cotton MillsSupreme Court of the United States · 1891
- McDowell v. JonesSupreme Court of Alabama · 1877
- Logan v. Central Iron & Coal Co.Supreme Court of Alabama · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Mudd v. LanierSupreme Court of Alabama · 1945
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946
- Fridley v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1917
- Riley v. WilkinsonSupreme Court of Alabama · 1945
- Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
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