Shorter v. Urquhart
Supreme Court of Alabama
Appeal from tbe Circuit Court of Russell. Tried before tbe Hon. Nat. Cook. This action was brought by John A. Urquhart, as administrator of Eli S. Shorter, deceased, against Elizabeth Shorter and George Hargraves, as administratrix and administrator of James H. Shorter, deceased, to recover damages for the conversion of a slave by the defendants’ intestate in his life- • time; and was commenced in March, 1849. The writ was returned executed on Elizabeth Shorter, and not…
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Appeal from tbe Circuit Court of Russell. Tried before tbe Hon. Nat. Cook. This action was brought by John A. Urquhart, as administrator of Eli S. Shorter, deceased, against Elizabeth Shorter and George Hargraves, as administratrix and administrator of James H. Shorter, deceased, to recover damages for the conversion of a slave by the defendants’ intestate in his life- • time; and was commenced in March, 1849. The writ was returned executed on Elizabeth Shorter, and not found as to Hargraves; and the suit was discontinued as to the latter, in the declaration, on the ground that he resided…
1Opinion of the CourtGoldth Waite, C. J.
The writ in the present case was sued out against Elizabeth Shorter and George- Har-graves, as the administrators of James H. Shorter, was executed on Elizabeth Shorter, and returned not found as to the other defendant, as to whom the suit was discontinued in the declaration, on the ground that he had not been served with 'process, and resided in the State of Georgia. We have repeatedly held, that, where one administrator was out of the jurisdiction of the court, and not amenable to its process, he need not be joined in the writ (Williams v. Sims, 8 Port. 579; Owen v. Brown, 2 Ala. 127;…
2Cases cited8 opinions
- Savage v. WalsheSupreme Court of Alabama · 1855
- Walker v. CuthbertSupreme Court of Alabama · 1846
- Morgan v. PatrickSupreme Court of Alabama · 1844
- Grayham v. RoberdsSupreme Court of Alabama · 1845
- Del Barco v. Branch Bank at MobileSupreme Court of Alabama · 1847
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3Cited by5 opinions
- Reeves v. StateSupreme Court of Alabama · 1892
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Daily's Adm'r v. DailySupreme Court of Alabama · 1880
- Hayes v. DunnSupreme Court of Alabama · 1902
- Brown v. FloydSupreme Court of Alabama · 1909