Hatch v. Cook
Supreme Court of Alabama
Error to Wilcox County court. Assumpsit on a promissory note. This was an action by one Norwood, on a note made by plaintiff in error. • On the trial below, after the evidence, argument and charge of the court — the plaintiff’s attorney suggested that plaintiff had died before issue joined, and moved to make Cook, the defendant in error, party plaintiff, as administrator; which the court allowed, and defendant excepted.
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Error to Wilcox County court. Assumpsit on a promissory note. This was an action by one Norwood, on a note made by plaintiff in error. • On the trial below, after the evidence, argument and charge of the court — the plaintiff’s attorney suggested that plaintiff had died before issue joined, and moved to make Cook, the defendant in error, party plaintiff, as administrator; which the court allowed, and defendant excepted. Permitting Cook to be made a party, after the trial had progressed as above stated, was assigned as error.
1Opinion of the CourtGoldthwaite, J.
The sole question presented by this rectord, is, whether the death of the plaintiff can properly be suggested, and his administrator made a party to the suit, whilst its trial is progressing.
The plaintiff in error contends, that the death ought to have been regularly pleaded, as the suggestion was denied, but the law has provided no such mode of ascertaining the fact. We are not aware that any one, on behalf the plaintiff, can intervene, and plead this matter. If the defendant was advised of the death of the party, and those prosecuting the cause, would not admit his death, the suit might he…
2Cited by6 opinions
- Humphrey v. BoschungCourt of Civil Appeals of Alabama · 1970
- Ex parte HowellSupreme Court of Alabama · 1897
- Ex parte JonesSupreme Court of Alabama · 1875
- Falkner v. Christian's AdministratorSupreme Court of Alabama · 1874
- Humphrey v. BoschungCourt of Civil Appeals of Alabama · 1970
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