Passmore v. Ellington
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. A. H. Merrill, Special Chancellor. The facts of the case are sufficiently stated in the opinion. — A summary judgment rendered against an administrator de bonis non can not be sustained. A person who is not a party to the pending suit can not be proceeded against summarily in‘said suit. Passmore, as administrator de bonis non,had never been made a party to the pending litigation.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. A. H. Merrill, Special Chancellor. The facts of the case are sufficiently stated in the opinion. — A summary judgment rendered against an administrator de bonis non can not be sustained. A person who is not a party to the pending suit can not be proceeded against summarily in‘said suit. Passmore, as administrator de bonis non,had never been made a party to the pending litigation. Therefore, the judgment was unauthorized. — Hatchett v. Billings-lea,, 65 Ala. 29; 13 Amer. & Eng. Encyc. of Law, 877, n. 1; Story’s Eq. Plead., 342,…
1Opinion of the CourtDowdell, J.
— The appeal in this case is taken forth a decree of the chancery court based upon a motion for a summary judgment against the appellant, M. L. Pass-more, as administrator de bonis non of the estate of Nancy John, deceased. Passmore’s answer to the motion for a summary judgment was a plea to the jurisdiction of the court to entertain the motion and render summary judgment thereon against him. A demurrer was sustained to this answer, the motion was granted and a decree of reference ordered to ascertain the amount of Passmore’s indebtedness to the movants, by reason of certain collections made…
2Cases cited6 opinions
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Walker v. HallettSupreme Court of Alabama · 1840
- Bondurant v. Sibley's HeirsSupreme Court of Alabama · 1861
- Graves's Administrator v. FlowersSupreme Court of Alabama · 1874
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3Cited by2 opinions
- Giglio v. BarrettSupreme Court of Alabama · 1922
- Weller & Sons v. RensfordSupreme Court of Alabama · 1910