Bauer v. Word

135 Ala. 430

Opinion

MoCLELLAN, C. J.

In so far as the judgment of January 14, 1902, is for costs against the claimant, Douglass Williams, it is void for the reason that said Williams was dead, a fact which appeared on the records of the cause.

In so far as that judgment is one of dismissal of the claim-suit for want of prosecution it is erroneous, for that the twelve months allowed by the Code — § 38 — for revivor of Williams’ suit had not elapsed.

Reversed and remanded.