# Owen v. Brown

> Supreme Court of Alabama · January 15, 1841 · 2 Ala. 126

URL: https://www.frixlaw.com/law-library/cases/6501409

## Case

- **Full name:** J. H. & L. S. OWEN v. BROWN
- **Court:** Supreme Court of Alabama
- **Decided:** January 15, 1841
- **Citations:** 2 Ala. 126
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Ormond
- **Judges:** Ormond
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6501409

## Opinion text

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 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6501409. Public record. Not legal advice.