Legal Opinion
Jordan Undertaking Co. v. Asberry
Supreme Court of Alabama
Decided February 28, 1935No. 6 Div. 705PublishedCited by 4 opinions
1Opinion of the Court
GARDNER, Justice.
In Jefferson County Burial Society v. Scott, 218 Ala. 354, 118 So. 644, the general rule was recognized that the right of burial was by the next of kin in the order of their relation to decedent. 17 Corpus Juris, 1139, 45. But the holding was that the defendant, having received the body from the custody of the plaintiff, cannot deny the plaintiff’s right thereto, unless the custody is demanded by one having a superior right, a matter defensive in its character.
Under this authority the demurrer to the complaint was properly overruled.
Nor was there error in the refusal of the…
2Cases cited4 opinions
- Carlisle v. Peoples BankSupreme Court of Alabama · 1898
- Jefferson County Burial Soc. v. CottonSupreme Court of Alabama · 1930
- Powell v. OldsSupreme Court of Alabama · 1846
- Jefferson County Burial Soc. v. ScottSupreme Court of Alabama · 1928
3Cited by4 opinions
- Ex Parte SladeSupreme Court of Alabama · 1980
- Levite Undertakers Co. v. GriggsSupreme Court of Alabama · 1986
- Eidson v. Johns-Ridout's Chapels, Inc.Supreme Court of Alabama · 1987
- Major Millworks, Inc. v. Mae Hardwoods, Inc.Court of Civil Appeals of Alabama · 2015