Bradley v. Graves
Supreme Court of Alabama
Appeal from Circuit Court of Butler. Tried before Hon. P. O. Hakber. The complaint in this case was as follows : “The State of Alabama,) Circuit Court, Butler county, j Fall term 1866. B. Graves, guardian minor heirs of B. Graves, plaintiff, vs. G. W. Bradley, B. B. Rue, defendants.
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Appeal from Circuit Court of Butler. Tried before Hon. P. O. Hakber. The complaint in this case was as follows : “The State of Alabama,) Circuit Court, Butler county, j Fall term 1866. B. Graves, guardian minor heirs of B. Graves, plaintiff, vs. G. W. Bradley, B. B. Rue, defendants. The plaintiff claims of the defendants the sum of four hundred dollars due by promissory note made by them on the 16th day of February, 1864, and payable on or before the 25th December next, after date, with interest thereon. Lane & Gamble, Plaintiff’s Attorneys.” The summons was dated 28th August, 1866, and…
1Opinion of the Court
PECK, C. J
—1. Where a writ is to answer A, guardian of B, the words “guardian of B,” are mere matter of description, and the suit is the suit of A. — Dowel v. Wardsworth, 2 Dev. 130.
In a note the word “guardian,” annexed to the name of the payee, is only descriptive of the person. — Baker v. Ormsby, 4 Scam. 325.
Where a plaintiff styles himself executor or administrator, and declares on a note payable to him, in that charac*280ter, but does not aver that the note is assets of the estate, the action is his individual suit, and the superadded words are mere descriptio persones. — Arrington v. Hair,…
2Cases cited4 opinions
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Tate v. Shackelford's Adm'rSupreme Court of Alabama · 1854
- Longmire v. PilkingtonSupreme Court of Alabama · 1861
- Richardson v. FarnsworthSupreme Court of Alabama · 1827
3Cited by1 opinion
- Hamilton v. EdmundsonSupreme Court of Alabama · 1937