Paulling's Adm'rs v. Creagh's Adm'rs
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. This case was before the court at two former terms, and may be found reported in 54 Ala. 646, where all tbe material facts of the case, as then presented, are stated. The opinion delivered by this court on the first appeal, at June term, 1871, seems never to have been reported. The record on the present appeal contains only the proceedings had in the cause since the last reversal.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. This case was before the court at two former terms, and may be found reported in 54 Ala. 646, where all tbe material facts of the case, as then presented, are stated. The opinion delivered by this court on the first appeal, at June term, 1871, seems never to have been reported. The record on the present appeal contains only the proceedings had in the cause since the last reversal. The facts were thus stated in the opinion of the court, as delivered by Manning, J.: “ The administrators of A. M. Creagh, deceased,…
1Opinion of the Court
MANNING, J. [After stating the facts as above.]
On examining the record, we do not find that the summons, which (it seems) was issued, was ever served on Bush, the administrator; nor did he appear in the cause at all, as a defendant in the cross-suit. The fact that he made himself, as administrator, complainant in the suit brought by Paulling, was not sufficient. He should have been served with process to make him a party in fact to the cross-bill. It set forth a history of the transactions between the decedent, Creagh, and Paulling, and of the proceedings in the suit of the latter, which Bush…
2Cases cited7 opinions
- Earle v. McVeighSupreme Court of the United States · 1876
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
- Butler v. ButlerSupreme Court of Alabama · 1847
- City of Opelika v. DanielSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Bell v. McLaughlinSupreme Court of Alabama · 1913
- McAllister v. CatchingsSupreme Court of Alabama · 1923
- Watters v. WattersSupreme Court of Alabama · 1924
- Scott v. ShelleySupreme Court of Alabama · 1929
3 more not listed; retrieve them via the Exa API.