Duke v. Williams

The plaintiff in error complains that the court erred in not allowing the proffered amendment and in sustaining the general demurrer to the petition and in dismissing the action.

The defendant in error contends that the petition does not show a cause of action against the defendant in her representative capacity, and further does not show that the obligation sued on was an obligation of the T. N. Williams estate. While the petition is not in the best form possible, we think a proper construction thereof shows a suit against Mrs. T. N. Williams as executrix of the estate of T. N. Williams. “The…