Quigley v. Campbell
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile county. This is an action of debt by Campbell & Cleveland, against Mrs. Quigley, to charge her personally for the amount of a judgment, recovered against her, as the administratrix of William Quigley, deceased. The declaration is in the usual form, alleging that assets came to her hands and had been wasted and converted to her own use.
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Writ of Error to the Circuit Court of Mobile county. This is an action of debt by Campbell & Cleveland, against Mrs. Quigley, to charge her personally for the amount of a judgment, recovered against her, as the administratrix of William Quigley, deceased. The declaration is in the usual form, alleging that assets came to her hands and had been wasted and converted to her own use. The only question argued, arose upon a demurrer to evidence, on which the Circuit Court , gave judgment for the plaintiffs, and which the defendant now seeks to reverse. The record given in evidence, discloses that…
1Opinion of the CourtGoldthwaite, J.
An administrator becomes personally liable for the debt of his testator whenever assets in sufficient quantity to answer the debt have come to his hands, and have been wasted or misapplied by him. Wheatly v. Lane, [1 Saund. 216.] The presumption, or rather the proof of assets, is usually deduced from the omission by the administrator to plead plene administravit, but we take it for granted that neither presumption or proof can arise from a judgment guando acciderunt, and it seems that the judgment given in evidence is entitled to no greater consideration.
It will readily be perceived that it…
2Cited by2 opinions
- Williams v. HinkleSupreme Court of Alabama · 1849
- Quigley v. CampbellSupreme Court of Alabama · 1847