Garner v. Garner
Supreme Court of Alabama
Appeal from the Circuit, Court of Dale. Tried before the Hon. J. M. Carmichael. On February 20, 1895, the appellee, Bartow Garner, us administrator de bonis no it of the. estate of James H. Garner, deceased, filed a motion in the circuit 'court, of Dalo county to amend nunc pro time a judgment previously rendered by the circuit court of Dale county, at a former term of the court, in favor of S. D, Parker, as administrator of the estate of .James H. Garner, deceased, against…
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Appeal from the Circuit, Court of Dale. Tried before the Hon. J. M. Carmichael. On February 20, 1895, the appellee, Bartow Garner, us administrator de bonis no it of the. estate of James H. Garner, deceased, filed a motion in the circuit 'court, of Dalo county to amend nunc pro time a judgment previously rendered by the circuit court of Dale county, at a former term of the court, in favor of S. D, Parker, as administrator of the estate of .James H. Garner, deceased, against the appellant, G. W. Garner. He asked in his motion that the said judgment he amended so as to read as follow's : The…
1Opinion of the Court
BRICKELL, O. J.
The complaint would have been more formal, if following the summons, in the marginal statement of the names of the parties, the plaintiff had boon described, as administrator of the estate of. James PI. Garner, deceased. The informality was cured by the distinct averment in the body of the complaint that the promissory note, the cause of action, was payable to James H. Garner, and when collected, would be assets *244of his estate in the hands of the plaintiff. It has been held, that the words “executor,” or “administrator,” not preceded by the particle “ as, ” affixed to tfie name…
2Cases cited3 opinions
- Watson v. Collins' Adm'rSupreme Court of Alabama · 1861
- Rhodes v. WalkerSupreme Court of Alabama · 1870
- Graham v. GunnSupreme Court of Alabama · 1871