Graham v. Gunn
Supreme Court of Alabama
Appeal from Circuit Court of Coosa. Tried before Hon. Chas. Pelham, The facts are sufficiently stated in the opinion, and the main error insisted on in this court was, that the complaint does not sufficiently show in what character or capacity the plaintiff sues.
1Opinion of the CourtB. F. Saffold, J.
The judgment was by nil dicit upon a complaint which describes the plaintiff in the margin as “ administrator of Moses Gunn, deceased,” and recites that the note sued on is the property of the plaintiff’s intestate.
The statement of the names of the parties to a suit, in the margin of the complaint, is made by the Code a part of the complaint. — Rev. Code, p. 673. This being so, it *578sufficiently appears from the complaint that G. B. Gunn,. as the administrator of Moses Gunn, deceased, claims the amount due upon the note as assets of the estate of that intestate. — Agee v. Williams, 27 Ala. 644;…
2Cases cited3 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Agee v. WilliamsSupreme Court of Alabama · 1855
- Wagner v. ChenaultSupreme Court of Alabama · 1845
3Cited by2 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Garner v. GarnerSupreme Court of Alabama · 1894