Brothers v. Gunnels
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This was a suit brought on a judgment which was obtained by th6 appellee; D. P. Gunnels, in the circuit court of Calhoun county, against one Solomon Bean, who was the administrator de bonis non of the estate of David E. Hawkins, deceased. Bean was removed from the administration of the estate after he had moved from the State of Alabama.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This was a suit brought on a judgment which was obtained by th6 appellee; D. P. Gunnels, in the circuit court of Calhoun county, against one Solomon Bean, who was the administrator de bonis non of the estate of David E. Hawkins, deceased. Bean was removed from the administration of the estate after he had moved from the State of Alabama. In his stead, a man by the name of Bobo was appointed, who also moved to Texas, and he was relieved of the administration of said estate for that reason. Succeeding him was another…
1Opinion of the CourtColeman, J.
The only question presented by the record is, whether a judgment recovered against an administrator in chief, gives a cause of action against an administrator de bonis non. This question has been settled by numerous decisions of this court adversely to the appellee. We presume the trial court was misled by a statement in the opinion of the case of Bobo v. Gunnels, 92 Ala. 602, in which it was said, the question would be treated as an open one, ’if it should come before us again. There has been no statute which provides for the revival of such a judgment against an administrator de bonis non…
2Cases cited4 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Starke v. WilsonSupreme Court of Alabama · 1880
- Graves's Administrator v. FlowersSupreme Court of Alabama · 1874
3Cited by1 opinion
- Cowan v. PerkinsSupreme Court of Alabama · 1926