Moseley's Adm'r v. Mastin
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. S. D. Hale. This action was brought by Joseph D. Hopper, as the administrator of Elisha Moseley, junior, deceased, against Peter B. Mastín.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. S. D. Hale. This action was brought by Joseph D. Hopper, as the administrator of Elisha Moseley, junior, deceased, against Peter B. Mastín. In the summons, the plaintiff was described as the administrator of Elisha Moseley, jr., deceased ; m the marginal statement of the parties’ names in the complaint, “as athn’r of Elisha Moseley, jr., deceased and in the body of the complaint, “as aclm’r of a,11 goods and chattels, rights and credits of Elisha Moseley, jr., deceased, which were left unadministered by the administrator in…
1Opinion of the CourtA. J. Walker, C. J.
AThe grant,of .administration to *219¡the appellant was not void, on account of the omission of ,a recital of the facts upon which the jurisdiction of the court was predicated. — Ikelheimer v. Chapman, 32 Ala. 676; Savage v. Benham, 17 Ala. 119. As there had been a previous administration upon the estate, which was terminated by the administrator’s death, there could not be an administration in chief, and it was improper for the court to appoint an administrator generally. The appointment should have been in-terms restricted to the character of an administrator de bonis non. But wo-do not think…
2Cases cited12 opinions
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Town of Greensboro v. EhrenreichSupreme Court of Alabama · 1886
- Savage v. BenhamSupreme Court of Alabama · 1849
- Agee v. WilliamsSupreme Court of Alabama · 1855
- Grande v. HerreraTexas Supreme Court · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
- Ohlmann v. Clarkson Saw Mill Co.Supreme Court of Missouri · 1909
- Brock's Administrator v. FrankSupreme Court of Alabama · 1874
- Davis v. TeagueSupreme Court of Alabama · 1929
- Mobile County v. LinchSupreme Court of Alabama · 1916
12 more not listed; retrieve them via the Exa API.