Brown v. Tutwiler
Supreme Court of Alabama
Appeal from Circuit Court of Hale. Tried before Hon. Geo. H. Craig. The opinion states the case. The revivor was sought more than two years after the removal. This is not authorized. All the sections on this subject are in pari matena, and should be construed together. — Pope v. Irby, 57 Ala. 105. ■ Ex parte Jones, 54 Ala. 180, is conclusive in our favor.
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Appeal from Circuit Court of Hale. Tried before Hon. Geo. H. Craig. The opinion states the case. The revivor was sought more than two years after the removal. This is not authorized. All the sections on this subject are in pari matena, and should be construed together. — Pope v. Irby, 57 Ala. 105. ■ Ex parte Jones, 54 Ala. 180, is conclusive in our favor. Pope v. Irby is based on an entirely different state of facts from those here presented — the difference being fully shown in Ex parte Jones, supra.
1Opinion of the CourtStone, J.
The present suit was commenced in 1866 in *373the name of Susan Hill as administratrix of C. W. Hill, deceased, and the cause of action declared on is a promissory-note payable to Susan Hill, given in consideration of personal property of the estate of C. W. Hill, deceased, purchased by one of the makers of the note “at a sale of the personal property of said estate made by plaintiff [Susan Hill], as administratrix” thereof. The case was tried, and a verdict and judgment rendered for defendants in the year 1871. An appeal was prosecuted to this court, and in January, 1875, the judgment of the…
2Cases cited9 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Dunham v. GrantSupreme Court of Alabama · 1847
- Pope v. IrbySupreme Court of Alabama · 1876
- Gayle v. ElliottSupreme Court of Alabama · 1846
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Evans v. WelchSupreme Court of Alabama · 1879
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Geo. Pacific Railway Co. v. HughesSupreme Court of Alabama · 1888
- Beasley v. HowellSupreme Court of Alabama · 1897
- Ex parte HowellSupreme Court of Alabama · 1897
7 more not listed; retrieve them via the Exa API.