Skinner v. Frierson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Tuskaloosa. Assumpsit, by Frierson and Crow, against Skinner, as the administrator of W. W. Capers. The defendant pleaded non assumpsit, statute of non claim, znáplene administravit. The plaintiff took issue upon the first plea, replied to the second, and as to the third, claimed judgment quando accederunt.
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Writ of Error to the Circuit Court of Tuskaloosa. Assumpsit, by Frierson and Crow, against Skinner, as the administrator of W. W. Capers. The defendant pleaded non assumpsit, statute of non claim, znáplene administravit. The plaintiff took issue upon the first plea, replied to the second, and as to the third, claimed judgment quando accederunt. After the cause was called for trial, and when the parties had announced themselves ready fer trial, the defendant suggested to the Court that ho had settled his accounts as administrator with the Orphans’ Court, resigned, and been removed from the…
1Opinion of the CourtGoldthwaite, J.
1. The questions involved in this cause, require us to ascertain what effect is produced on a pending suit against an administrator by his resignation of the trust; as well as the mode by which the fact of resignation shall be made known to the Court and adverse party. The object of a suit against an administrator is to obtain satisfaction, and the general effect of it is to charge the assets of the estate ; but beyond this the judgment has the effect also to charge the administrator personally, as well as his sureties, unless the assets are administered in due course of law. As the…
2Cases cited2 opinions
- Thomson v. SearcySupreme Court of Alabama · 1838
- Winslett v. McLemore's Adm'rsSupreme Court of Alabama · 1844
3Cited by9 opinions
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Bogle v. Bogle's Adm'rSupreme Court of Alabama · 1853
- Hearrin v. SavageSupreme Court of Alabama · 1849
- Metcalf v. Lowther'sSupreme Court of Alabama · 1876
- Ward v. BevillSupreme Court of Alabama · 1846
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