Rogers's Administrator v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by the administrator of Marcus Rogers, deceased, against Thomas J. Orme and the sureties on his official bond as general administrator of Montgomery county.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by the administrator of Marcus Rogers, deceased, against Thomas J. Orme and the sureties on his official bond as general administrator of Montgomery county. The complaint alleged the appointment of said Orme as county administrator, by the probate court of Montgomery, on the 20th June, 1856 ; the execution of his official bond, with his co-defendants, Jason G. Jones and Amos Jones, as sureties, and its acceptance by the court; the grant of letters of administration to him, as county…
1Opinion of the CourtBrickell, J.
In the absence of statutory provisions authorizing it, a writ of error, or appeal, would not lie from a voluntary nonsuit, or a nonsuit taken by the plaintiff in consequence of adverse rulings of the court. Cain v. Byrd, 1 Stew. 189; Tate & Tate v. McCrary, 21 Ala. 499. The Code authorizes an appeal from a nonsuit suffered by the plaintiff because of adverse rulings of the court, and the reservation of the facts, point, or decision, by bill of exceptions, as in other eases. R. C. § 2759. The construction of this statute has been, that decisions upon the pleadings, which appear of record, and…
2Cases cited5 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Palmer v. BiceSupreme Court of Alabama · 1856
- Tate v. McCrarySupreme Court of Alabama · 1852
- Paulling v. MarshallSupreme Court of Alabama · 1872
- Cain v. ByrdSupreme Court of Alabama · 1827
3Cited by5 opinions
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Kennedy v. Lyric Theatre Co.Supreme Court of Alabama · 1925
- Levinshon v. EdwardsSupreme Court of Alabama · 1885
- Perry v. Danner & Co.Supreme Court of Alabama · 1883
- Blackford v. Jefferson Specialties, Inc.Supreme Court of Alabama · 1970