An Assessment of Information Systems Capabilities Required to Support U.S. Materials Policy Decisions

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...1st. The complaint shows no cause of action against the defendant. 2d. The judgment sued on constitutes no cause of action against the present defendant. The court overruled this demurrer, and upon the defendant declining to plead further, judgment was rendered against him in favor of the plaintiff. The defendant appeals, and assigns as error the overruling of his demurrer to the complaint. S. D. G. BROTHERS, for appellant.--The judgment. upon which this suit is based, is not a cause of action against this appellant, as the administrator rlc b0n.i.: arm of the estate of I). E. Hawkins, deceased. Unless this court sees proper to modify its former decisions on this subject, the demurrers should have been sustained.-G'rav: -s 1: . Flolvers, 51 Ala. 402; Martin 11. lz llrrbe, 70 Ala. 326; Balm ll. Gunmrl.s, 92 Ala. 60l. ' VILLAM M. HARRIS and JOHN H. CALDWELL, contra. COLEMAN, 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 dc 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 Bnbo r. GIl'7t7t('I.s, 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 dw bmn'-s no/1. by scire farias, nor which declares the liability of an administrator (Ir: homT.-mm for a judgment recovered against the administrator in chief. Until the law has been changed by statutory enactment, we feel bound by the previous decisions of this court, .