Hodges v. Wise
Supreme Court of Alabama
- Error to the Chancery Court of Fayette. Heard before the Hon. Wilie W. Mason, chancellor. ■ The bill in this ease was filed on the 9th of March 1843, by the plaintiff against the defendants in error, three of whom were infants. The record does not shew, that service was ever perfected on the infant defendants otherwise than by delivering a subpoena to their mother, who was also a defendant to the bill. The remaining facts appear in the opinion of the court.
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- Error to the Chancery Court of Fayette. Heard before the Hon. Wilie W. Mason, chancellor. ■ The bill in this ease was filed on the 9th of March 1843, by the plaintiff against the defendants in error, three of whom were infants. The record does not shew, that service was ever perfected on the infant defendants otherwise than by delivering a subpoena to their mother, who was also a defendant to the bill. The remaining facts appear in the opinion of the court. The chancellor dismissed the bill at the hearing, because of the long delay of the complainant in bringing the defendants therein…
1Opinion of the CourtChilton, J.
This cause was regularly submitted for a decree in the court below. The depositions were published and the cause being investigated by the chancellor, he decreed that the bill should be dismissed, as the infant heirs or child *512ren of Bennett Wood, deceased, whose estate was sought to be subjected to the payment of the* complainant’s demand, had not been brought before the court.
It is not denied but that the infants are proper parties to the bill, which seems to have been very correctly framed, and to which they were made defendants, but it is insisted by the counsel for the plaintiff in error…
2Cases cited5 opinions
- Burt v. CassetySupreme Court of Alabama · 1848
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Julian v. ReynoldsSupreme Court of Alabama · 1845
- Walker v. Bank of MobileSupreme Court of Alabama · 1844
- Hollinger v. Branch Bank at MobileSupreme Court of Alabama · 1845
3Cited by13 opinions
- Cummings v. LandesSupreme Court of Iowa · 1908
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Helms v. ChadbourneWisconsin Supreme Court · 1878
- Bondurant v. Sibley's HeirsSupreme Court of Alabama · 1861
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