Perine v. Babcock
Supreme Court of Alabama
Error to the Circuit court of Dallas county. In this case, Thomas Morong, one of, the plaintiffs below, having departed this life, since the determination of the suit below, his survivors sued out the present writ of error, stating therein, the death of said Thomas Mo-rong : A motion was now made, by defendant, to dismiss the said writ. Whereupon the court delivered the following opinion, on said motion.
1Per curiam
The plaintiffs in error, and one *392Tilomas Morong, were the plaintiffs in execution, in .the-court below, and Morong having departed this life, after the determination of the suit, his survivors sued out the present writ of error, stating therein the death of Mo-rong.
A motion is now made, on behalf of the defendant in error, to dismiss the writ; and the case of Sewall vs. Bates,* is relied on, in support of the motion.
In cases which are not within the terms of the statute, providing the mode of .sucing out writs of error,† we conceive it to be our duty, so to mould the process, as to produce…
2Cases cited1 opinion
- Sewall v. Bates' AdministratorsSupreme Court of Alabama · 1830
3Cited by3 opinions
- Kidd v. Josiah Morris & Co.Supreme Court of Alabama · 1899
- Alexander v. ReaSupreme Court of Alabama · 1873
- Headon v. TurnerSupreme Court of Alabama · 1844