Woods v. McCann
Supreme Court of Alabama
Error to the County Court of Greene. THIS action was commenced by the plaintiff in error as-endorsee of a bill of exchange against Hugh McCann, as drawer. Pending the action, the defendant died, and the suit was revived against the defendants in error, as his administrators.
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Error to the County Court of Greene. THIS action was commenced by the plaintiff in error as-endorsee of a bill of exchange against Hugh McCann, as drawer. Pending the action, the defendant died, and the suit was revived against the defendants in error, as his administrators. To prevent the further prosecution of the suit,- the defendants pleaded that they had reported the estate of their intestate insolvent, to the Judge of the County Court, and that the report and representation was by him allowed, and ordered to be recorded. To which plea the plaintiff replied mil tiel record. This issue…
1Opinion of the CourtOrmond, J.
The question to be determined, depends on *63the construction of the statute. The portion of the act immediately applicable, is in these words: “Nor shall any suit or action be commenced or sustained against him'(the executor or administrator) after the estate of the testator or intestate be represented insolvent. The counsel for the plaintiff in error, maintains that the “representation” of the executor or administrate!’, which will have the effect to prevent the commencement of a suit, or to abate one already commenced, must be both of the real and personal property of the 'deceased.- — ■ "The…
2Cited by2 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Fitzpatrick v. EdgarSupreme Court of Alabama · 1843