Metropolitan Life Ins. Co. v. Usher

KNIGHT, Justice.

The defendant was brought into court to answer the complaint of “Birdie Usher, administratrix of the estate of John Moragne, deceased.”

The caption of the complaint is in the following words: “Birdie Usher, Administratrix of the Estate of John Moragne, Deceased, v. Metropolitan Life Insurance Company, a Corporation.”

The complaint consists of three counts. The first count in no way pretends to state a cause of action in plaintiff’s representative capacity against the - defendant. In counts 2 and 3, however, the plaintiff “avers that she is the administratrix of the estate of…