Kennedy v. Davis
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by J. D. S. Davis against J. S. Kennedy as administrator, to enjoin a suit for damages for wrongful death of respondent’s intestate.' From a decree overruling demurrer to the bill respondent appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by J. D. S. Davis against J. S. Kennedy as administrator, to enjoin a suit for damages for wrongful death of respondent’s intestate.' From a decree overruling demurrer to the bill respondent appeals. S'ection 2486, of the Code of 1907, confers a right upon the personal representative of deceased, which was not recognized at common law or in equity. — S. & N. R. Go. v. Sullivan, 59 Ala. 272; Buchaleto v. T. G. I. & R. Go\, 20 South. 606. The above, right is vested in the personal representative of the deceased for the…
1Opinion of the CourtMayfield, J.
Two questions are presented on this appeal: First. Can a sole heir and distributee, before administration and before suit brought, settle and release a claim as to damages for the wrongful death of the intestate, so far as to .bar an. action under the homicide statute (Code 1907, § 2486) by the administrator, who alone is authorized to bring such action? Second. Can a court of equity enjoin an action at law, brought by the administrator, under the homicide statute, to recover damages for the wrongful death of his intestate, when the sole heir and distributee has compromised with and released…
2Cases cited15 opinions
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- White v. WardSupreme Court of Alabama · 1908
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1897
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3Cited by67 opinions
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- Pickett v. MatthewsSupreme Court of Alabama · 1939
- Breed v. Atlanta, B. C. R. Co.Supreme Court of Alabama · 1941
- Downtown Nursing Home, Inc. v. PoolSupreme Court of Alabama · 1979
- King v. National Spa and Pool InstituteSupreme Court of Alabama · 1992
62 more not listed; retrieve them via the Exa API.