Owen v. Brown

Supreme Court of Alabama

Owen v. Brown

2 Ala. 126

CourtSupreme Court of Alabama

DecidedJanuary 15, 1841

StatusPublished

Cited by1 cases

This text of 2 Ala. 126 (Owen v. Brown) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Owen v. Brown, 2 Ala. 126 (Ala. 1841).

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Opinion

ORMOND, J.

— The suit was brought by the defendant in error, against the plaintiffs in error, as administrator and ad-ministratrix of George W. Owen, deceased. The writ was served but on one of the defendants below, and a judgment by default taken against both.

[127]*127This is not authorized by law. The representatives of the deceased must all be served with process. [Minor’s Rep. 77.] But if one resides out of the State, he need not be sued. [Williams & Ivey Ex’rs. v. Sims et al., 8 Porter, 579.]

Let the judgment be reversed, and the cause remanded.

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ORMOND, J.

— The suit was brought by the defendant in error, against the plaintiffs in error, as administrator and ad-ministratrix of George W. Owen, deceased. The writ was served but on one of the defendants below, and a judgment by default taken against both.

[127]*127This is not authorized by law. The representatives of the deceased must all be served with process. [Minor’s Rep. 77.] But if one resides out of the State, he need not be sued. [Williams & Ivey Ex’rs. v. Sims et al., 8 Porter, 579.]

Let the judgment be reversed, and the cause remanded.

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Bluebook (online)

2 Ala. 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owen-v-brown-ala-1841.

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