General
J. H. & L. S. OWEN v. BROWN
2 Ala. 126·Alabama Supreme Court·1841·AL
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Opinion
J. H. & L. S. OWEN v. BROWN.
1. Where there is more than one representative of a deceased person, the writ must be served on all; but, if one resides out of the State, he need not be sued.
Writ of error to the County Court of Mobile.
DüNN, for plaintiff in error.
Campbell, contra.
[MAJORITY — ORMOND, J.]
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.
This 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.