Johnson v. Gaines
Supreme Court of Alabama
Error to the County Court of Mobile. Assumpsit by the plaintiff, against the defendant in error. The writ issued against the defendant in error and Abner S. Lipscomb, executors of Catharine V.' George, deceased, which was returned executed on Gaines, and not found as to Lipscomb.
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Error to the County Court of Mobile. Assumpsit by the plaintiff, against the defendant in error. The writ issued against the defendant in error and Abner S. Lipscomb, executors of Catharine V.' George, deceased, which was returned executed on Gaines, and not found as to Lipscomb. The declaration alledges that Abner S. Lipscomb, at the time the writ issued, and ever since, has not resided within the State of Alabama, but is without the jurisdiction of the Court, and has no property or estate within the State of Alabama, and discontinues the action as to him. The indebtedness is charged to be…
1Opinion of the Court
OílMOND, J.
It is probable this action was commenced, upon the mistaken supposition, that the estate was responsible for debts created by the executor, and that it was the intention to sue the executor as such. Be this as it may, it is very clear the declaration shows, that no action can be maintained against the defendant in his representative character, as the debt was created by him, since his qualification as executor, and although the work may have been done, or the money advanced for the benefit of the estate, he represents, it as a charge against him individually. This being…
2Cited by7 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Sanford v. HowardSupreme Court of Alabama · 1857
- Kirkman, Abernathy & Hanna v. BenhamSupreme Court of Alabama · 1856
- Mayor of Mobile v. DarganSupreme Court of Alabama · 1871
- Roger Williams National Bank v. Groton Manufacturing Co.Supreme Court of Rhode Island · 1889
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