Arrington v. Hair
Supreme Court of Alabama
Error to tbo Circuit Court of Sumter. Tried before the Hon. Samuel Chapman. 1. The plaintiff in error insists that there is error in the record in this, that the said James Hair revived a suit and took a judgment in his own name as the administrator of John S. Ar-rington, who was executor of Henry Arrington, whereby the proceeds of the judgment would appear to be assets of the estate of said JohnS., when the record plainly shows that the proceeds of the said judgment ought…
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Error to tbo Circuit Court of Sumter. Tried before the Hon. Samuel Chapman. 1. The plaintiff in error insists that there is error in the record in this, that the said James Hair revived a suit and took a judgment in his own name as the administrator of John S. Ar-rington, who was executor of Henry Arrington, whereby the proceeds of the judgment would appear to be assets of the estate of said JohnS., when the record plainly shows that the proceeds of the said judgment ought to be assets of the estate of said Henry, and that the suit which had abated by the death of said John S., executor,…
1Opinion of the CourtChilton, J.
The declaration in this case does not aver that the note sued on was of the .assets of the estate of Henry Arrington, but describes the plaintiff as his executor, and counts on a note payable to the plaintiff by .that description. We have frequently ruled that styling himself executor or administrator in the suit, or being so styled in the note, is but a description of the person, and this being the case, it follows that suit was properly revived in the name of the administrator of the plaintiff, who died after suit was brought. If the note was assets, the defendant should have shown…
2Cases cited2 opinions
- Wammack v. HollowaySupreme Court of Alabama · 1841
- Peters v. HeydenfeldtSupreme Court of Alabama · 1841
3Cited by9 opinions
- Gibson v. LandSupreme Court of Alabama · 1855
- Guyer v. Union Trust Co.Indiana Court of Appeals · 1914
- Agee v. WilliamsSupreme Court of Alabama · 1855
- Tate v. Shackelford's Adm'rSupreme Court of Alabama · 1854
- Farrow v. Bragg's Adm'rSupreme Court of Alabama · 1857
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