Branch Bank of Mobile v. Adm'rs of Murphy
Supreme Court of Alabama
Error to the County Court of Clarke county. ■ moved to dismiss the writ of error.
1Opinion of the CourtOrmond, J.
This writ is sued out after a final settlement of an. insolvent estate, by the plaintiff in error, who was one of the creditors. This question has been frequently before the Court, but never in the precise aspect in which it is now presented. In Clarke v. West, 5 Ala. Rep. 126, it was held, that where the administrator of an insolvent estate wished to revise the final decree, all the creditors would be necessary parties to the writ, as in no other way could the unity of the cause be preserved; and also, because a reversal of the decree as to one creditor, would avoid the judgment as to all.
Thi…
2Cases cited1 opinion
- Clarke v. WestSupreme Court of Alabama · 1843
3Cited by2 opinions
- Loring v. WittichSupreme Court of Florida · 1878
- Killen v. SistrunkSupreme Court of Georgia · 1849