Sims v. Boynton
Supreme Court of Alabama
[DETINUE FOR SUAVES.] Appeal from the Circuit Court of Barbour. Tried before the Hon. John G-ill SiioRteR. This action was brought by Henry B. Boynton, against John M. Sims. In the summons the plaintiff was described as “ Henry B. Boynton, administrator de bonis non of the estate of James A. McEwen, deceased;’’ while the complaint was in these words : “ Henry B. Boynton, adm’r,'j The plaintiff claims of defendant, the follow-slaves, to-wit : a news.
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[DETINUE FOR SUAVES.] Appeal from the Circuit Court of Barbour. Tried before the Hon. John G-ill SiioRteR. This action was brought by Henry B. Boynton, against John M. Sims. In the summons the plaintiff was described as “ Henry B. Boynton, administrator de bonis non of the estate of James A. McEwen, deceased;’’ while the complaint was in these words : “ Henry B. Boynton, adm’r,'j The plaintiff claims of defendant, the follow-slaves, to-wit : a news. John M. Sims. gro woman, named Maria, and her child Louisa, of the value of $1,000; together with the value of the use or hire thereof during the…
1Opinion of the CourtRice, C. J.
The proof made at the spring term, 1857, authorized the amendment of the judgment entry made at the fall term, 1856, in relation to the taking and setting aside the non-suit. There was no error in allowing that amendment, and in placing the case on the docket for trial. — Reese v. Billing, 9 Ala. R. 263; Edwards v. *360Lewis, 18 ib. 494; Chighizola v. Doe ex dem. Eslava, 24 ib. 237.
[2.] From the complaint it does not appear that the plaintiff, Boynton, sues here as the administrator of-Jas. A. McEwen, deceased. But it is settled, that an administrator, who as such has had possession of personal…
2Cases cited11 opinions
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Grant v. KingSupreme Court of Vermont · 1842
- Harker v. DementCourt of Appeals of Maryland · 1850
- Lowremore v. BerrySupreme Court of Alabama · 1851
- Dozier v. JoyceSupreme Court of Alabama · 1838
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Foster v. Chamberlain & Co.Supreme Court of Alabama · 1867
- Covington County v. KinneySupreme Court of Alabama · 1871
- Espalla v. GottschalkSupreme Court of Alabama · 1891
- Davis v. SwearingenSupreme Court of Alabama · 1876
9 more not listed; retrieve them via the Exa API.