Bauer v. Word , 135 Ala. 430 ( 1902 )

MoCLELLAN, C. J.

In so far as the judgment of January 14, 1902, is for costs against the claimant, Douglass Williams, it is void for the reason that said Williams was dead, a fact which appeared on the records of the cause.

In so far as that judgment is one of dismissal of the claim-suit for want of prosecution it is erroneous, for that the twelve months allowed by the Code — § 38 — for revivor of Williams’ suit had not elapsed.

Reversed and remanded.