Colvin v. Owens
Supreme Court of Alabama
Error to the Chancery Court of Lowndes. Heard before the IIoN. J. W. Leseske. This bill was filed by the defendant in error, alleging, that, in 1835, one Alexander Colvin departed this life, leaving a last will and testament, of which his wife and widow, Mary J. Colvin, and Timothy S. Colvin, his brother, were the executor and executrix; that they both qualified and acted as executor and executrix for several years; that the heirs and legatees of the said Alexander were, the…
Read the full summary
Error to the Chancery Court of Lowndes. Heard before the IIoN. J. W. Leseske. This bill was filed by the defendant in error, alleging, that, in 1835, one Alexander Colvin departed this life, leaving a last will and testament, of which his wife and widow, Mary J. Colvin, and Timothy S. Colvin, his brother, were the executor and executrix; that they both qualified and acted as executor and executrix for several years; that the heirs and legatees of the said Alexander were, the widow and executrix as above stated, and his three children, viz: Flora, of lawful age, and intermarried with James F.…
1Opinion of the CourtGibbons, J.
The first question presented for decision is the motion to dismiss the writ of error.
This motion is based on two grounds : first, that it is sued *792out in tbe name of only one of tbe parties defendant; and secondly, that James 1?. Key died before tbe writ of error was sued out.
On looking at tbe writ of error itself, it is found to be in tbe name of “ Mary J. Oolvin et al.” Perhaps, strictly considered, these abbreviations in a writ of error could not be construed to mean tbe other defendants in tbe court below; but on tbe authority of our statute, (Olay’s Digest 312 § 39,) we are of opinion,…
2Cases cited3 opinions
- Ex parte CroomSupreme Court of Alabama · 1851
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Brown v. LangSupreme Court of Alabama · 1842
3Cited by8 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Home Insurance Company v. Stuart-McCorkle, Inc.Supreme Court of Alabama · 1973
- Alabama Farm Bureau Mutual Insurance Service, Inc. v. NixonSupreme Court of Alabama · 1958
- Webb v. WebbSupreme Court of Alabama · 1948
- American Bonding Co. v. Fourth Nat. BankSupreme Court of Alabama · 1921
3 more not listed; retrieve them via the Exa API.