Odom v. Moore
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by John J. Moo-re against Augustine M. Odom, executrix of P. Chavagnat, deceased, for attorney’s fees for services rendered deceased. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by John J. Moo-re against Augustine M. Odom, executrix of P. Chavagnat, deceased, for attorney’s fees for services rendered deceased. From a judgment for plaintiff, defendant appeals. The defendant, after pleading the general issue in three different forms, filed plea No. 4, as follows: “For further' answer to the complaint defendant safys she ought uot to he required to further defend this cause, for that she has been discharged by the probate court of Jefferson county from her position as executrix of the estate of…
1Opinion of the Court
WEAKLEY, O. J.
Tbe court below overruled tbe plaintiff’s demurrers to pleas 5 and 6, and thereupon tbe plaintiff filed a special replication to these pleas. Tbe facts of tbe case, out of which arises tbe main question of law presented for decision, .are fully presented by tbe pleas and replication, taken together. Those facts are that, after suit duly brought by tbe plaintiff against tbe defendant as executrix upon a claim which bad been properly presented, the executrix, having received assets sufficient to pay off all tbe indebtedness of tbe estate, including that due the plaintiff, and…
2Cases cited2 opinions
- Draper v. WalkerSupreme Court of Alabama · 1893
- Whitfield v. WoolfSupreme Court of Alabama · 1874
3Cited by6 opinions
- Brackin v. Owens Horse & Mule Co.Supreme Court of Alabama · 1916
- Eastburn v. CanizasSupreme Court of Alabama · 1915
- McWhorter v. Haigler Mercantile Co.Alabama Court of Appeals · 1912
- Sloss-Sheffield Steel & Iron Co. v. DeanAlabama Court of Appeals · 1919
- Philip Carey Mfg. Co. v. Southern Const. Co.Alabama Court of Appeals · 1911
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