Alexander v. Barfield
Texas Supreme Court
Appeal from Shelby. This suit was commenced in February, 1845. At the Spring Term of tlie court, 1847, the death of the plaintiff was suggested on the record, and a scire facias was issued to Charles II. Alexander to show cause wily lie should not be made a party. This scire facias was served, hut no party was made.
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Appeal from Shelby. This suit was commenced in February, 1845. At the Spring Term of tlie court, 1847, the death of the plaintiff was suggested on the record, and a scire facias was issued to Charles II. Alexander to show cause wily lie should not be made a party. This scire facias was served, hut no party was made. Nor does it appear from the record that any application ivas made by any one to become a party plaintiff' until the Fall Term, 1850, when tlie defendants moved the court to dismiss the suit, suggesting that there had been no parties made, and that- C. II. Alexander was not the…
1Opinion of the CourtLipscomb, J.
There was no judgment entered by the court below, and on this ground we might dismiss the appeal without, inquiring into tlie correctness of tlie order of tlie court to dismiss the case. But as tlie question was raised in tlie court below and has been presented in this court, it is not believed to be improper to decide it now, as it may be important in practice.
By tlie common law a suit abated by the death of tlie plaintiff or defendant; and it had t.o be commenced again by the legal representative of the plaintiff if lie liad died; If it was tlie defendant it would be against his legal…
2Cited by16 opinions
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- In re Estate of AckenSupreme Court of Iowa · 1909
- Trahan v. RobertsCourt of Appeals of Texas · 1932
- Morris v. DrescherCourt of Appeals of Texas · 1938
- Hermann v. Higgins Oil & Fuel Co.Court of Appeals of Texas · 1924
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