Legal Opinion

Alabama State Bank v. Glass

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 12 opinions

Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The original bill in this case was filed on the 27th July, 1885, by the Alabama State Bank, a corporation organized under the general statutes, and doing business in Birmingham, against J. M. Glass, L. K. Schwartz, and Ed.

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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The original bill in this case was filed on the 27th July, 1885, by the Alabama State Bank, a corporation organized under the general statutes, and doing business in Birmingham, against J. M. Glass, L. K. Schwartz, and Ed. Olmstead; and prayed an equitable attachment, an injunction, and the appointment of a receiver, to take charge of a stock of goods, which, as the bill alleged,' said Glass had bought in the name of Schwartz, in whose name he carried on a mercantile business in Birmingham, contracting…

1Opinion of the CourtStone, C. J.

— The determination of this case depends on the proper construction of section 2614 of the Code of 1876. That section reads as follows : “ No suit must be commenced against an executor or administrator, as such, until six months, and no judgment rendered against him, as such, until eighteen months after the grant of letters testamentary, or of administration.” This section is found in chapter 12, title 4, of the Code, and has the heading, “General provisions as to executors and administratorsSome of the provisions of the chapter relate to common-law courts proper, some to Probate Courts, some…

2Cases cited6 opinions

  1. Locke's v. PalmerSupreme Court of Alabama · 1855
  2. Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857
  3. Espy v. ComerSupreme Court of Alabama · 1884
  4. Sims v. CanfieldSupreme Court of Alabama · 1841
  5. Burdine v. RoperSupreme Court of Alabama · 1845

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Hunnicutt v. HigginbothamSupreme Court of Alabama · 1903
  2. Lester v. StephensSupreme Court of Georgia · 1901
  3. Campbell v. American Bonding Co.Supreme Court of Alabama · 1911
  4. Baker v. MitchellSupreme Court of Alabama · 1895
  5. Torrey v. BishopSupreme Court of Alabama · 1894

7 more not listed; retrieve them via the Exa API.

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