Chamberlain v. Bates
Supreme Court of Alabama
This case was tried in the Circuit Court of Mobile. Chamberlain administrator de bonis non, of the estate of one Negus, left unadministered by James P. Bates his former representative; declared in assumpsit against the defendant, administrator of Bates, to recover a sum of money alleged to have been received by the latter, while the administrator of Negns, and which had never been accounted for, or paid over.
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This case was tried in the Circuit Court of Mobile. Chamberlain administrator de bonis non, of the estate of one Negus, left unadministered by James P. Bates his former representative; declared in assumpsit against the defendant, administrator of Bates, to recover a sum of money alleged to have been received by the latter, while the administrator of Negns, and which had never been accounted for, or paid over. On demurrer by the defendant, the Court held the demurrer well taken, and rendered judgment in favor of the defendant; when, by writ of error, the case came to this Court. The only…
1Opinion of the Court
By Mr. Chief-Justice Saffold :
The action was assumpsit, brought by Chamberlain as administrator de bonis non oí the estate of Ne-gus, to recover of the defendant as administrator of James P. Bates, the former administrator of said Ne-gus, a sum of money received by the latter in the course of his partial administration of said estate, and which he had failed to pay over, or otherwise to account for.
To the declaration, to this effect, was filed a general demurrer, on which the Court gave judgment for the defendant.
This judgment on demurrer is assigned as erroneous, and is the only question for…
2Cited by5 opinions
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