Phœnix Insurance v. Moog
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile, Tried before tbe Hon. "W. E. Clarke, This case is brought to this court the second time by the appellant, the Phoenix Insurance Company. — See Phcenix Insurance Oo. v. Moog, 78 Ala. 284. The action, as originally brought, was by A. & B. Moog, as partners, against appellant, on a policy of insurance for $12,500, procured on a cargo of merchandise by said A. & B. Moog from appellant.
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Appeal from the Circuit Court of Mobile, Tried before tbe Hon. "W. E. Clarke, This case is brought to this court the second time by the appellant, the Phoenix Insurance Company. — See Phcenix Insurance Oo. v. Moog, 78 Ala. 284. The action, as originally brought, was by A. & B. Moog, as partners, against appellant, on a policy of insurance for $12,500, procured on a cargo of merchandise by said A. & B. Moog from appellant. When the case was called for the trial from which this appeal was taken, the appellant moved, first, that the suit stand abated, and second, that it be dismissed, because A.…
1Opinion of the Court
STONE, C. J.-
— The motion made in the court below to have the present suit declared abated, because it was not revived within 18 months after the death of A. Moog, was based on § 2908 of the Code of 1876. • That section makes provision for two classes of cases. Its first and main object is to provide for cases where a sole plaintiff or sole defendant dies, or all the plaintiffs or all the defendants die, leaving the suit without a party of record, either plaintiff or defendant. This, if not cured, causes an abatement; for a suit can not exist without antagonizing parties. In such case, if the…
2Cases cited28 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Evans v. WelchSupreme Court of Alabama · 1879
- Holland v. BarnesSupreme Court of Alabama · 1875
23 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- McPherson v. StateSupreme Court of Alabama · 1916
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- People v. . SheldonNew York Court of Appeals · 1898
- Ashford v. McKeeSupreme Court of Alabama · 1913
- Showers v. StateSupreme Court of Alabama · 1981
25 more not listed; retrieve them via the Exa API.