Buchmann v. Turner

Plaintiff sued defendant as executrix of the estate of Fred J. Buchmann, deceased, for recovery of $780.75 due by account, and recovered a judgment in the sum of $195, from which defendant prosecutes this appeal.

The complaint contained the simple count for money due by account, was in Code form, and sufficient. Alabama Lime & Stone Co. v. Adams, 218 Ala. 647, 119 So. 853. The statute of nonclaim has been treated and considered as defensive matter. McDougald’s Adm’r v. Dawson’s Ex’r, 30 Ala. 553; Pipkin v. Hewlett, 17 Ala. 291; Malone v. Hundley, 52 Ala. 147.

The case of Smith v. Fellows, 58…