Smith v. Smith
Supreme Court of Alabama
Appeal from Chancery Court of Cleburne. Heard before the Hon. S. K. McSpadden. The appeal in this case is prosecuted from a decree of the chancellor sustaining demurrers of respondents to a bill of complaint, filed by the appellants against the appellees. This demurrer was on the grounds that the bill was multifarious, and that there was a misjoinder of parties. The facts of the case are sufficiently stated in the opinion.
1Opinion of the CourtColeman, J.
The bill avers that in November, 1889, Charles A. Smith died intestate, leaving surviving him a widow, Martha A. Smith, and several named children, his heirs at law ; that in June, 1890, one of his children, W. R. D. Smith, was appointed administrator of his estate, and that C. E. J. Smith, another child and heir, and W. H. Smith., Sr., A. J. Smith, J. W. Hunnicutt, J. F. Morgan, R. T. West, and D. C. Harris became sureties on his administration bond. The administrator’s bond is made exhibit ‘ ‘A” to the bill. The bill avers that W. R. D. Smith, the administrator, C. E. J. Smith, the brother…
2Cases cited3 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Bean v. Bean's Adm'rSupreme Court of Alabama · 1860
- Mobile Savings Bank v. BurkeSupreme Court of Alabama · 1891
3Cited by6 opinions
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- Flomerfelt v. SiglinSupreme Court of Alabama · 1908
- Rountree v. SatterfieldSupreme Court of Alabama · 1924
- Smith v. SmithSupreme Court of Alabama · 1902
- Smith v. SmithSupreme Court of Alabama · 1894
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