Owen v. Brown

Supreme Court of Alabama

Owen v. Brown

2 Ala. 126

Supreme Court of Alabama·Decided January 15, 1841·Published·Cited by 1 cases

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.

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

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Opinion

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