Spotswood v. Bentley
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. Action in Code form instituted by Spotswood against Bentley as administrator of the estate of Bartley Harris, deceased, for money had and received to the use of the plaintiff. A demurrer to the complaint was sustained, and plaintiff appeals. cited 'Daily’s Admr. v. Daily, 66 Ala. 266.
1Opinion of the CourtDowdell, J.
— The suit ivas brought against the defendant, appellee itere, in his representative capacity as administrator of the estate of Bartley Harris, deceased, yet the complaint shows no cause of action against the defendant in such representative capacity. If the money claimed by the plaintiff as had and received by the defendant for plaintiff’s use and benefit constituted assets of the estate which came into the defendant’s hands as administrator, then the complaint wholly fails to show any cause of action in the plaintiff.—Lowery v. Daniel, 98 Ala. 451. If, on the other hand, the money claimed…
2Cases cited2 opinions
- Daily's Adm'r v. DailySupreme Court of Alabama · 1880
- Lowery v. DanielSupreme Court of Alabama · 1893
3Cited by22 opinions
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- Alfalfa Lumber Co. v. MudgettCourt of Appeals of Texas · 1917
- Stuart v. StricklandSupreme Court of Alabama · 1919
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