Harbin v. Levi
Supreme Court of Alabama
Wkit of error to the County Court of Lowndes county. Assumpsit by Levi against Harbin on the common counts. In the commencement of the declaration, the plaintiff describes himself as adminiatrator of the goods and chattels which were of Richardson Blake, deceased. The defendant craved oyer of the plaintiff’s letters of administration, which was refused; and the court being applied to, refused either to non-suit the plaintiff, or compel him to give oyer.
Read the full summary
Wkit of error to the County Court of Lowndes county. Assumpsit by Levi against Harbin on the common counts. In the commencement of the declaration, the plaintiff describes himself as adminiatrator of the goods and chattels which were of Richardson Blake, deceased. The defendant craved oyer of the plaintiff’s letters of administration, which was refused; and the court being applied to, refused either to non-suit the plaintiff, or compel him to give oyer. The defendant then pleaded— 1. Ne unques administrator, which plea was overruled on demurrer. 2. That the supposed promises were made to the…
1Opinion of the CourtGoldthwaite, J.
1. Y7hcn a contract is made with an administrator, with reference to the personal assets of his intestate, he is not compelled to sue as administrator for its breach, although he may do so if he will. [1 Chitty’s Plead. 14; Lowell & Wife v. Watts, 6 East, 405.] As the person contracting with him has dealt with him in his representative character, there is no reason why it should be alleged in the pleadings; and if alleged, it will be considered as mere descriptio personae. In Caller v. Dade, [Minor 20,] it was;held, where an administrator declared on a bond payable to himself, as…
2Cases cited2 opinions
- King v. GreenSupreme Court of Alabama · 1829
- Ogburn v. OgburnSupreme Court of Alabama · 1836
3Cited by25 opinions
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Duncan v. StewartSupreme Court of Alabama · 1854
- Crabtree v. CliattSupreme Court of Alabama · 1853
- Dunham v. GrantSupreme Court of Alabama · 1847
- Brown v. TutwilerSupreme Court of Alabama · 1878
20 more not listed; retrieve them via the Exa API.