State ex rel. Meador v. Jones
Supreme Court of Alabama
Petition by the State of Alabama, on the relation of E. A. Meador and others, as executors of the estate of D. J. Meador, deceased, to compel R. I. Jones, judge of the circuit court, to abate the action against petitioners as such executors.
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Petition by the State of Alabama, on the relation of E. A. Meador and others, as executors of the estate of D. J. Meador, deceased, to compel R. I. Jones, judge of the circuit court, to abate the action against petitioners as such executors. The petition shows that on February 21, 1916, D. J. Meador died in Marengo county, leaving a last will and testament which had been admitted to probate, and letters testamentary issued to petitioners, on April 7,1916, they having .qualified as executors; that prior to the death of D. J. Meador, Frank M. Ladd, doing business as Frank M. Ladd & Co., had…
1Opinion of the CourtMayfield, J.
The question here presented for decision is the proper construction of section 2499 of the Code, which reads as follows:
“No action abates by the death or other disability of the plaintiff or defendant, if the cause of action survive or continue; but the same must, on motion, within twelve months thereafter, be revived in the name of or against the legal representative of the deceased, his successor, oi-‘ party in interest; or the death of such party may be suggested upon the record, and the action proceed in the name of or against the survivor.”
The acute question to be determined is whether…
2Cases cited7 opinions
- Evans v. WelchSupreme Court of Alabama · 1879
- Brown v. TutwilerSupreme Court of Alabama · 1878
- Pope v. IrbySupreme Court of Alabama · 1876
- Ex parte SayreSupreme Court of Alabama · 1881
- Holman v. ClarkAlabama Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Stoer v. Ocklawaha River Farms Co.Supreme Court of Alabama · 1931
- Ex Parte FrickeSupreme Court of Alabama · 1925