Sewall v. Bates' adm'rs
Supreme Court of Alabama
In a suit commenced by attachmeut, in Mobile Circuit Court, by Rufus Sewall against Daniel. Stow, a replevy bond was taken by James P. Bates, then Sheriff ofMobile county; and at the February .term, 1S2S, of the Court, Sewall filed exceptions to the bond, and moved the Court that Bates', the Sheriff, be held, and stand as special bail in the cause; which motion was, by the Court, at the April term, 1828, overruled.
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In a suit commenced by attachmeut, in Mobile Circuit Court, by Rufus Sewall against Daniel. Stow, a replevy bond was taken by James P. Bates, then Sheriff ofMobile county; and at the February .term, 1S2S, of the Court, Sewall filed exceptions to the bond, and moved the Court that Bates', the Sheriff, be held, and stand as special bail in the cause; which motion was, by the Court, at the April term, 1828, overruled. On the 15th of December, 1828, on the application of Sewall, the clerk of the Mobile Circuit Court issued a writ of error to this Court, in which it js recited that, “ it being…
1Opinion of the Court
By JUDGE TAYLOR.
I am ignorant of any cáse in which a clerk is permitted to determine upon the sufficiency of evidence offered for the purpose of making new parties to a cause. Even where the death of a party is suggested in Court, the clerk has no power to revive the action, either in favor of, or against representatives. But in this case, he first judicially decides that the defendant is dead, and then that Toulmin and Bates, junior, are his representatives, and makes them defendants, without giving them an opportunity of contesting either of-those facts. The uniform course in a court of…
2Cited by8 opinions
- Maya Corporation v. SmithSupreme Court of Alabama · 1940
- Kidd v. Josiah Morris & Co.Supreme Court of Alabama · 1899
- Johnson v. McLaughlinSupreme Court of Alabama · 1846
- Bettis' v. TaylorSupreme Court of Alabama · 1838
- Sewall v. Bates' AdministratorsSupreme Court of Alabama · 1830
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