Spence v. Rutledge
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. This was an action on a bill single, at the suit of the defendant in error, payable to “ Margaret Hall and Samuel Mc-Clerkin, executrix and executor of the estate of James Hall, deceased.”
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Writ of Error to the Circuit Court of Talladega. This was an action on a bill single, at the suit of the defendant in error, payable to “ Margaret Hall and Samuel Mc-Clerkin, executrix and executor of the estate of James Hall, deceased.” The plaintiff describes himself in the declaration as “ administrator cle bonis non with the Will annexed of the goods and chattels, rights and credits of James Hall, deceased, unadministered by Margaret Hall and Samuel Mc-Clerkinalledges, that after the making of the said writing obligatory, the executrix and executor were removed from the administration of…
1Opinion of the CourtCollier, C. J.
Both the defendants against whom the judgment was rendered, appear by indorement on the writ to have acknowledged its service. The judgment entry commences thus — “ This day came the plaintiff by attorney, and service being proved, and discontinued as to Elrod, on whom process was not served — and the defendants being called came not, but taade default.” We think it perfectly clear, from the recital, that as to all the defendants against whom process was issued, except him as to whom a discontinuance was entered, the service of the writ was proved.;
It is not necessary, in declaring upon a…
2Cases cited2 opinions
- King v. GreenSupreme Court of Alabama · 1829
- King v. GriffinSupreme Court of Alabama · 1844
3Cited by5 opinions
- Wright v. LangSupreme Court of Alabama · 1880
- Wilson v. Judge of the Co. CourtSupreme Court of Alabama · 1851
- Strickland's Adm'r v. WalkerSupreme Court of Alabama · 1861
- Lenoir v. Broadhead's AdministratorSupreme Court of Alabama · 1873
- West v. Galloway's Adm'rSupreme Court of Alabama · 1858