McEachin v. Reid
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. James Cobbs. The appellee in this case commenced suit by summons and complaint, on the 15th February, 1861, against Latón Sanders; and on the same day sued out process of garnishment against the appellant, as the debtor of said Sanders, The defendant having died pending the suit, (the record does not show at what time,) a scirefacias was issued to Obadiab Belcber, as bis administrator; and at tbe November term,…
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Appeal from the Circuit Court of Perry. Tried before the Hon. James Cobbs. The appellee in this case commenced suit by summons and complaint, on the 15th February, 1861, against Latón Sanders; and on the same day sued out process of garnishment against the appellant, as the debtor of said Sanders, The defendant having died pending the suit, (the record does not show at what time,) a scirefacias was issued to Obadiab Belcber, as bis administrator; and at tbe November term, 1866, a judgment was rendered against said administrator, for tbe amount of tbe plaintiff’s debt; but “tbe plea of…
1Opinion of the CourtJudge, J.
Tbe effect of a decree of tbe probate court declaring an estate insolvent, i's to transfer to tbat court tbe exclusive jurisdiction of all claims against tbe estate, subject only to tbe provisions of tbe Code as to pending suits. Edwards v. Gibbs, 11 Ala. 292; Code, §§ 1859, 1860.
Any suit pending at tbe time of tbe declaration of insolvency, is sustained for tbe single purpose of a judicial ascertainment of tbe amount due, if anything, on tbe claim involved in tbe litigation; atid while a judgment may be rendered for tbe amount ascertained to be due, no execution can be issued on tbe…
2Cases cited6 opinions
- Edwards v. GibbsSupreme Court of Alabama · 1847
- Lamar v. GunterSupreme Court of Alabama · 1864
- Hale v. CummingsSupreme Court of Alabama · 1842
- Langdon v. RaifordSupreme Court of Alabama · 1852
- Fitzpatrick v. EdgarSupreme Court of Alabama · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Phillips v. Ash's Heirs & Adm'rsSupreme Court of Alabama · 1879
- Ray v. ThompsonSupreme Court of Alabama · 1869
- Hawley v. IsaacsonWashington Supreme Court · 1921
- Arbo v. State Bank of ElbertaSupreme Court of Alabama · 1932
4 more not listed; retrieve them via the Exa API.