Legal Opinion

Watson v. Collins' Adm'r

Supreme Court of Alabama

Decided June 15, 1861PublishedCited by 9 opinions

Appeal from the Circuíb Court of Choctaw.-., Tried before tbe Hon. C. W." Bapiek. The complaint in this case was iñ-the following .-words A. R. Davis, adm’r of tbe estate of Wm. Collins, .ctec’d. vs, CL L. Watson, J,„ W. Crowell/., Cf. B. Walken...

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Appeal from the Circuíb Court of Choctaw.-., Tried before tbe Hon. C. W." Bapiek. The complaint in this case was iñ-the following .-words A. R. Davis, adm’r of tbe estate of Wm. Collins, .ctec’d. vs, CL L. Watson, J,„ W. Crowell/., Cf. B. Walken... “ The plaintiff claims- of tbe defendants tbe sum of' one hundred and sixty-one 60-100 dollars, due by their promissory note, made, by them on the 9th August, 1856',' and payable on the 1st January, 1857, with interest thereon y tbe said sum, when collected, being .assets of the estate of William Collins, deceased.”" To,-which the follbwing.plea…

1Opinion of the CourtR. W. Walker, J.

—[1. 2.J In The-margin-of the complaint, the plaintiff is'styled “administrator'of the estate of William Collins, deceased;”'' This, by itself, would be mere descriptiopersonen ; but'the complaint alleges, that the sum sued for will, when collected, be assets of the estate of William Collins, deceased] which is sufficient to show that the suit is brought by the plaintiff in his representative character. — See Harris v. Plant, 31 Ala. 639 ; Arrington v. Hair, 19 Ala. 243 ; Tate v. Shackleford, 24 Ala. 210. Hence, a-plea, alleging facts'which show that the plaintiff’s letters of administration…

2Cases cited6 opinions

  1. Harris v. Plant & Co.Supreme Court of Alabama · 1858
  2. Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
  3. Burns v. Hamilton's Adm'rSupreme Court of Alabama · 1858
  4. Worthington v. McRobertsSupreme Court of Alabama · 1846
  5. Arrington v. HairSupreme Court of Alabama · 1851

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Pate v. StateSupreme Court of Alabama · 1891
  2. Wolf v. GillsSupreme Court of Oklahoma · 1923
  3. Espalla v. Richard & SonsSupreme Court of Alabama · 1891
  4. Collins v. GreeneSupreme Court of Alabama · 1880
  5. Loeb v. CallawaySupreme Court of Alabama · 1948

4 more not listed; retrieve them via the Exa API.

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