Enzor v. Rushton
Alabama Court of Appeals
Assumpsit. Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Action by Oliver. Enzor as administrator, against M. W. Rushton, as administrator cum testamento annexo. Plaintiff took a nonsuit with bill of exceptions because of certain rulings on the evidence, and appeals.
1Opinion of the CourtBrown, J.
Action on the common counts by appellant in his official capacity as administrator of the estate of Eugenia Enzor, deceased, against the appellee in his capacity as administrator cum testamento annexo of M. O. Merritt, deceased, to recover on account of an indebtedness contracted by the testator of the defendant with the intestate of the plaintiff.(1) The defendant interposed, among others, the plea of ne unques administrator as to the plaintiff, thus imposing upon him the burden of showing his right to sue as administrator of the estate of Eugenia Enzor.—Espalla v. Richards & Sons, 94 Ala.…
2Cases cited3 opinions
- Espalla v. Richard & SonsSupreme Court of Alabama · 1891
- Worthington v. McRobertsSupreme Court of Alabama · 1845
- Wilson v. Bothwell's AdministratorSupreme Court of Alabama · 1874