[Return to Alabama Supreme Court Cases]
Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
H. G. Perry, for plaintiff; White and Gordon, for defendant in error.
THE CHIEF JUSTICE.The defendant plead that since the commencement of the action, the estate of his intestate had been declared insolvent; the plaintiff demurred, and the Circuit Court gave judgment for the defendant, which is the matter now assigned as error.
We conceive that the statute is so plain that there can be no difference of opinion on its construction. No suit can be commenced or sustained against any executor or administrator after the estate of his testator or intestate be represented insolvent. No right is infringed by this law; the remedy is transferred from the court to the board of commissioners appointed as directed by the statute.
Judge SAFFOLD not sitting.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 254.
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