Townsend v. Jeffries' Adm'r
Supreme Court of Alabama
Error to the Circuit Court of Madison. Tried before tbe Hon. John E. Moore. Trespass vi et armis by “ Willis Routt and Elizabeth E., his wife, executor and executrix of the last will and testament of Alexander Jeffries, deceased,” to recover damages for injuries inflicted by the defendants on a slave belonging to the estate of plaintiffs’ testator ; the writ and declaration both being in the name of Routt and wife, “ executor and executrix of the last will and testament of…
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Error to the Circuit Court of Madison. Tried before tbe Hon. John E. Moore. Trespass vi et armis by “ Willis Routt and Elizabeth E., his wife, executor and executrix of the last will and testament of Alexander Jeffries, deceased,” to recover damages for injuries inflicted by the defendants on a slave belonging to the estate of plaintiffs’ testator ; the writ and declaration both being in the name of Routt and wife, “ executor and executrix of the last will and testament of Alexander Jeffries, deceased.” The defendants pleaded, £t first, not guilty ; secondly, that they had only punished said…
1Opinion of the CourtLigon, J.
There was no error in overruling the motion of the defendants to dismiss the suit, on account of a supposed discontinuance, because the names of Routt and wife, as executor and executrix, had ceased to be used as plaintiffs, and that of Thomas, as administrator, had been substituted on the record before the motion ivas made. The defendants were in court, and consenting to the order made at the August term, 1850, by which Thomas ivas substituted for Routt and wife as plaintiff, and at a subsequent term, the case was continued on their motion ; and they will not bo allowed, after both their…
2Cases cited5 opinions
- Dunham v. GrantSupreme Court of Alabama · 1847
- Anderson v. Snow & Co.Supreme Court of Alabama · 1846
- Bradford v. HaggerthySupreme Court of Alabama · 1847
- King v. GriffinSupreme Court of Alabama · 1844
- Elmes v. McKenzieSupreme Court of Alabama · 1843
3Cited by9 opinions
- City of Bessemer v. BrantleySupreme Court of Alabama · 1953
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Giddens v. BollingSupreme Court of Alabama · 1890
- Perry County v. Selma, Marion & Memphis RailroadSupreme Court of Alabama · 1880
- Coppin v. StateSupreme Court of Alabama · 1898
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