Fairley v. Davis
Supreme Court of Alabama
Whit of error to the Circuit Court of Wilcox county. Action of debt qui tam by Israel Davis, to recover the penalty given by statute against the defendant as clerk of the county court of Wilcox county, for issuing a marriage license to a minor without the consent of his parent or guardian. After the cause was at issue, the death of the plaintiff was suggested, and Jane Davis, his administratrix, made a party by whom the suit was prosecuted to judgment.
Read the full summary
Whit of error to the Circuit Court of Wilcox county. Action of debt qui tam by Israel Davis, to recover the penalty given by statute against the defendant as clerk of the county court of Wilcox county, for issuing a marriage license to a minor without the consent of his parent or guardian. After the cause was at issue, the death of the plaintiff was suggested, and Jane Davis, his administratrix, made a party by whom the suit was prosecuted to judgment. This, among other matters, is assigned as error. argued that the commencement of the suit entitled the party to the penalty. [- v. -, 6 John.…
1Opinion of the CourtGoldthwaite, J.
We think this action is within the maxim, that personal actions die with the person, although in form, it is an action ex contractu. We have examined the authorities referred to by the counsel for the defendant in error, but find nothing in them to warrant the impression that this action will survive. Indeed, the very absence of all direct authority on this point, is persuasive, that it has never been supposed to be of that class. In the case of Kirkham v. Wheely, [3 Salk. 282,] it is said that when the informer, in such an action as this, dies, there is an end of the suit, and the King is…
2Cited by3 opinions
- Grooms v. HannonSupreme Court of Alabama · 1877
- State of Texas v. SchuenemannCourt of Appeals of Texas · 1898
- Willis v. ByrneSupreme Court of Alabama · 1894