Holman v. Clark
Alabama Court of Appeals
Appeal from Dale Circuit Court. Heard before Hou. W. O. Mulicey, Special Judge. Action by A. S. Clark against J. D. Holman. From a judgment overruling a motion to abate tbe suit, tbe defendant appeals.
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Appeal from Dale Circuit Court. Heard before Hou. W. O. Mulicey, Special Judge. Action by A. S. Clark against J. D. Holman. From a judgment overruling a motion to abate tbe suit, tbe defendant appeals. The court should bave granted the motion to- abate the suit under the facts shown in this suit. — Sec. 2499, Code 1907; Phoenix I. Go-, v. Moog, 81 Ala. 338; Evans v. Welch, 63 Ala. 254. The court should bave granted the motion to strike the cause from the docket.- — Ex párete Sayre, 69 Ala. 184. The motion and judgment thereon for a revival having been made within twelve months from the death…
1Opinion of the CourtWalker, P. J.
In April 1910, the court below made the following order:
“The death of the plaintiff suggested to the court, on motion it is ordered by the court that leave be granted for the revival of this suit in the name of the personal representative of said plaintiff, A. S. Clark, at this term.”
At each of the succeeding six terms of the court an order continuing the cause was made; each of the orders, except one of them showing a continuance by agreement. The record does not indicate that during this time the name of the deceased plaintiff’s personal representative was made known to the court or that…
2Cases cited2 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Ex parte SayreSupreme Court of Alabama · 1881
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- State ex rel. Meador v. JonesSupreme Court of Alabama · 1918
- Ex Parte FrickeSupreme Court of Alabama · 1925