Anderson v. Rice
Supreme Court of Alabama
Erroe to tbe Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. The plaintiff sued the defendant as administratrix, in assump-sit. The declaration contains seven counts.
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Erroe to tbe Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. The plaintiff sued the defendant as administratrix, in assump-sit. The declaration contains seven counts. In the first three, which are for work and labor done, for goods, wares and merchandize sold and delivered, and for money paid, laid out and expended, it is averred that these several things were done at the special instance and request of John S. Rice, the intestate, in his lifetime, and that he promised to pay, &c., and that defendant, his administratrix, since his death, promised to pay, &c., but neither…
1Opinion of the CourtLicion, J.
The charge given by the court below was free from error. Both in his writ and declaration, the plain*241tiff seeks to charge the defendant in ber representative character, and not otherwise. All the counts in the declaration aver a liability on the part of the intestate, and a promise to pay, by the defendant, as his administratrix. It is then, essentially a suit in which the estate of the intestate is sought to be charged with the payment of the demand, and had the plaintiff made such proof as to entitle him to recover, his judgment must have been de bonis intestatis. The proof, however, shows a…
2Cases cited3 opinions
- Strother's Adm'r. v. ButlerSupreme Court of Alabama · 1850
- Snedicor v. LeachmanSupreme Court of Alabama · 1846
- Peters v. HeydenfeldtSupreme Court of Alabama · 1841
3Cited by2 opinions
- Carbon Hill Coal Co. v. CunninghamSupreme Court of Alabama · 1907
- McCormick v. BadhamSupreme Court of Alabama · 1919