Dwyer v. Kennemore
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. Nat. Cook. This action was brought by 'William Dwyer, for the use of John G-. Kirkpatrick, against Stephen Kennemore, as administrator of William C. Pruitt, deceased; and was foundedon said Pruitt’s “writing obligatory, for $2,750 30, dated September 4, 1849, and due one day after the date thereof.”
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Appeal from the Circuit Court of Jackson. Tried before the Hon. Nat. Cook. This action was brought by 'William Dwyer, for the use of John G-. Kirkpatrick, against Stephen Kennemore, as administrator of William C. Pruitt, deceased; and was foundedon said Pruitt’s “writing obligatory, for $2,750 30, dated September 4, 1849, and due one day after the date thereof.” The court below sustained a demurrer to the complaint, because it showed on its face that Kirkpatrick, for whose use the action was brought, was “ the party really interested,” and ought therefore to have been the sole and nominal…
1Opinion of the CourtWalker, J.
— The fact that this suit is brought for the use of J. G-. Kirkpatrick is an acknowledgment that he is the beneficial owner, as has been several times decided by this court. — Johnson v. English, 1 Stewart, *405169; Hunt v. Stewart, 7 Ala. 525; Bullock v. Ogburn, 13 Ala. 346. It is, therefore, shown by the complaint in this case, that the suit is not brought in the name of “the party really interested.” The cause of action is clearly one required by section 2129 of the Code to be sued upon in the name of “the party really interested.” This suit is, therefore, shown by the complaint not to be…
2Cases cited5 opinions
- Leaird v. MooreSupreme Court of Alabama · 1855
- Bullock v. OgburnSupreme Court of Alabama · 1848
- Hunt v. StewartSupreme Court of Alabama · 1845
- Stodder v. Grant & NickelsSupreme Court of Alabama · 1856
- Johnson ex rel. Stone v. EnglishSupreme Court of Alabama · 1827
3Cited by7 opinions
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- Vinegar Bend Lumber Co. v. Chicago Title & Trust Co.Supreme Court of Alabama · 1901
- Dane v. GlennonSupreme Court of Alabama · 1882
- Babcock v. CarterSupreme Court of Alabama · 1897
- Longmire v. PilkingtonSupreme Court of Alabama · 1861
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