McGehee v. Hansell
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lawrence. Before the Hon. G. W. Lane. Hansell brought an action of assumpsit against Yaliant, in the circuit court of Lawrence. The defendant appeared, and pleaded the general issue. At the September term, 1844, the death of the defendant was suggested, and Amos P. Galloway, sheriff, and administrator ex officio, was made a party defendant.
Read the full summary
Writ of Error to the Circuit Court of Lawrence. Before the Hon. G. W. Lane. Hansell brought an action of assumpsit against Yaliant, in the circuit court of Lawrence. The defendant appeared, and pleaded the general issue. At the September term, 1844, the death of the defendant was suggested, and Amos P. Galloway, sheriff, and administrator ex officio, was made a party defendant. At the spring term, 1845, he pleaded the insolvency of the estate of Yaliant, which was admitted to be true. At the March term, 1846, a trial was had, and a verdict was rendered for the defendant. At the September…
1Opinion of the CourtDargan, J.
It appears that at the March term, 1846, a trial was had in this cause, between the plaintiff, and Galloway, as the administrator of Denton H. Yaliant, and a verdict and judgment rendered for the defendant. The next step appears to be a suggestion, that Galloway’s term of office as sheriff had expired, and a motion was made for a sci. fa. against the representatives of the decedent when known. A scire facias issued, and was executed on the plaintiff in error, and the parties appeared by attorney, and went into trial, the result of which was a verdict, and judgment in favor of the plaintiff…
2Cited by2 opinions
- Motors Ins. Corp. v. WilliamsSupreme Court of Alabama · 1991
- Quarles v. WaldronSupreme Court of Alabama · 1852