Amason v. Nash
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. B. W. Huntington. Debt on an administration bond, in the name of Preston G. N ash, Judge of the Orphans’ Court of Sumter, for the use of Warren Hooks and Cullen Hooks, against Georg eAmason and his sureties on his official bond as administrator of Thomas Amason, deceased.
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Appeal from the Circuit Court of Sumter. Tried before the Hon. B. W. Huntington. Debt on an administration bond, in the name of Preston G. N ash, Judge of the Orphans’ Court of Sumter, for the use of Warren Hooks and Cullen Hooks, against Georg eAmason and his sureties on his official bond as administrator of Thomas Amason, deceased. The declaration sets out the bond, and alleges the recovery of a judgment against said administrator by said Warren and Cullen Hooks, that a sufficiency of .assets came to his hands, which were wasted, &c. The defendants demurred to the declaration, and their…
1Opinion of the CourtGoldthwaite, J.
On the part of the appellant it is insisted, that the action should have been brought in the name of the injured party, and that, as it was brought in the name of the obligee for his use, the demurrer should have been sustained. The statute (Clay’s Dig. 221, § 3), it is true, provides that the bond may be put in suit in the name of the party injured ; but the word “ may,” as there used, is not imperative. The object of the statute was, simply to confer upon certain persons the privilege of suing in their own names ; but it is a question in which no public right or interest is involved, or in…
2Cases cited5 opinions
- Malcom v. RogersNew York Supreme Court · 1825
- Perkins v. MooreSupreme Court of Alabama · 1849
- Jackson's Adm'r v. JacksonSupreme Court of Alabama · 1845
- Dean v. PortisSupreme Court of Alabama · 1847
- Miller v. GeeSupreme Court of Alabama · 1842
3Cited by8 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- State v. BarkerNew Mexico Supreme Court · 1947
- Grace v. MartinSupreme Court of Alabama · 1872
- Porter v. Burleson & DavisSupreme Court of Alabama · 1862
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