Ikelheimer v. Chapman's Adm'rs
Supreme Court of Alabama
[RETINUE FOE SLATE, BY ADMINISTRATOR de bonis non against porchasee from ADMINISTRATOR IN ’CHIEF.] Appeal from the Circuit Court of Dallas. Tried before the Hon. E. ~W. Pettus. This action was brought by James L. Evans and Thos. G-. Port-is, against Edward Ikolheimer.
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[RETINUE FOE SLATE, BY ADMINISTRATOR de bonis non against porchasee from ADMINISTRATOR IN ’CHIEF.] Appeal from the Circuit Court of Dallas. Tried before the Hon. E. ~W. Pettus. This action was brought by James L. Evans and Thos. G-. Port-is, against Edward Ikolheimer. In the summons the plaintiffs were described as “ administrators de bonis non of Ellen Chapman, deceased;” in the marginal statement of the names of the parties in the complaint, they were described as “Evans & Portia, as administrators, plaintiffs;” and in the commencement of the complaint it was averred, that “ the plaintiffs,…
1Opinion of the CourtWalker, J.
The judgment in this case must be reversed, because the words “ administrator,” in the marginal description of the case accompanying the complaint, and the words “as the administrators de bonis non” in the complaint, are unmeaning and useless, without a statement showing of what estate the plaintiffs are administrators. The complaint can not be aided by reference to the summons, especially as there is no word of reference in the complaint to the summons. The court should have regarded the complaint as by the plaintiffs in their individual capacity, and charged the jury, if they believed the…
2Cases cited22 opinions
- Martin v. MottSupreme Court of the United States · 1827
- Gardner v. CollinsSupreme Court of the United States · 1829
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Gunn v. HowellSupreme Court of Alabama · 1855
- Herbert v. HanrickSupreme Court of Alabama · 1849
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3Cited by36 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Reeves v. StateSupreme Court of Alabama · 1891
- State ex rel. Attorney General v. BuckleySupreme Court of Alabama · 1875
- Broughton v. BradleySupreme Court of Alabama · 1859
- Whorton v. MoragneSupreme Court of Alabama · 1878
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