Wagner v. Chenault
Supreme Court of Alabama
Writ of error to the Circuit Court of Cherokee. ActioN of assumpsit by Chenault against Wagner and Hughes, as the makers of a promissory note, payable to Elbert L. (p-ibson, administrator ex officio, of the estate of Peter Wagner, deceased.
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Writ of error to the Circuit Court of Cherokee. ActioN of assumpsit by Chenault against Wagner and Hughes, as the makers of a promissory note, payable to Elbert L. (p-ibson, administrator ex officio, of the estate of Peter Wagner, deceased. The declaration describes the plaintiff as sheriff of St. Clair county, in this State, ex officio administrator of the estate of Peter Wagner, deceased, successor to Elbert L. Gibson, late ex officio administrator of said estate; and upon setting out the making of the note by the defendants to the effect above stated, 'proceeds thus-: “ and the term of…
1Opinion of the CourtGoldthwaite, J.
— We are inclined to think this declaration must be considered as presenting a substantial cause of action, though it certainly is defective in clearness* as to the statement of the plaintiff’s title. The note is payable to Gibson, administrator ex officio of the estate of Wagner, deceased, and if the suit was by him in his representative character, no ■proferí of his letters of administration would be necessary, or could be required, as the defendants by their contract have ad*679mitted him to possess that character. [Caller v. Dade,Minor, 20; Harbin v. Levi, 6 Ala. Rep. 399.] The note as an…
2Cases cited3 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- King v. GreenSupreme Court of Alabama · 1829
- King v. GriffinSupreme Court of Alabama · 1844
3Cited by1 opinion
- Graham v. GunnSupreme Court of Alabama · 1871