Gamble v. Kellum
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before Hon. J. M. Carmichael. This action was brought by Eliza Kellum against three persons as late co-partners to recover money due to her deceased husband. Two of the defendants died during the progress of the cause and the suit was revived against their personal representatives.
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Appeal from the Circuit Court of Henry. Tried before Hon. J. M. Carmichael. This action was brought by Eliza Kellum against three persons as late co-partners to recover money due to her deceased husband. Two of the defendants died during the progress of the cause and the suit was revived against their personal representatives. The evidence showed that after the dissolution of the firm of Z. W. Laney & Co., another firm composed of two of the former partners was formed, and to the evidence that this last firm owed plaintiff’s husband, objection was made on the ground of variance. The court…
1Opinion of the CourtHaralson, J.
— The first assignment of error brings for review the ruling of the court on the demurrer to the complaint. Appellee sues as the widow of Elijah Kellum to recover a debt alleged to be due by defendants to her deceased husband. Eor the purpose of showing her title to the debt, and her right to maintain the action, the complaint avers, that her husband was a resident of this State; that he did not own personal property exceeding in value one thousand dollars; that no administration has been granted upon his estate, and no personal property set apart to her as exempt from administration and…
2Cases cited5 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Bell v. HallSupreme Court of Alabama · 1884
- Walker v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1858
- James v. ClarkSupreme Court of Alabama · 1889
3Cited by22 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Sealy v. McElroySupreme Court of Alabama · 1972
- Rentz v. Live Oak BankSupreme Court of Florida · 1911
- Garrison v. Hawkins-Lumber Co.Supreme Court of Alabama · 1895
- Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
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