Beattie v. Abercrombie
Supreme Court of Alabama
Error to the Chancery Court of Barbour. Tried before the Hon. J. W. Lesesne. The facts of the case may be found in the opinion. 1. Complainant’s removal from the administration operated as an abatement of the suit. — 2 Ala. 415-418; 3 ib. 570. 2. Depositions taken whilst a suit stands abated will be suppressed. — Gresley Ev. 152 ; 1 Smith’s Cb. Pr. 341, 525; 1 Story’s Eq. PI. 328, 356:7, 361.. II.
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Error to the Chancery Court of Barbour. Tried before the Hon. J. W. Lesesne. The facts of the case may be found in the opinion. 1. Complainant’s removal from the administration operated as an abatement of the suit. — 2 Ala. 415-418; 3 ib. 570. 2. Depositions taken whilst a suit stands abated will be suppressed. — Gresley Ev. 152 ; 1 Smith’s Cb. Pr. 341, 525; 1 Story’s Eq. PI. 328, 356:7, 361.. II. The pretended settlement in Georgia is wholly invalid as a defence in this suit — for many reasons. For instance, that settlement is not a valid defence here, because there is no legal proof — (that…
1Opinion of the CourtParsons, J.
The complainant, who is the plaintiff in error, filed his bill in the Chancery Court for Barbour county, on the 22d day of August 1845; and it appears that after he filed his bill, he was removed from his office of administrator of. *12William J. Beattie, deceased, by order of the Orphans’ Court of Russell county, in which he had received his appointment. The same court afterwards appointed him administrator de bonis non of his intestate’s estate, ,and this suit was subsequently revived by him, under his new appointment.
The complainant, at the November term 1847, of the Chancery Court, which was…
2Cases cited1 opinion
- Jordan v. JordanSupreme Court of Alabama · 1850
3Cited by7 opinions
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- Cox v. YeazelNebraska Supreme Court · 1896
- Harris v. MillerSupreme Court of Alabama · 1857
- Johnson's Adm'r v. LongmireSupreme Court of Alabama · 1863
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