Farrow v. Bragg's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Bussell. Tried before the Hon. JOHN Gill Shobtee. Lsr this case, the defendant was summoned “to answer the complaint of John D. Adair, special administrator of Zebulon D. Bragg, deceased”; and tbe original complaint was as follows: “John D. Adair, special adm’r on\ The plaintiff claims the estate of Z. D. Bragg, dec’dJ of the defendant $ 114, vs. ( due to him as admin-Bobert B. Barrow. ) istrator as aforesaid, from the said defendant, by…
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Appeal from the Circuit Court of Bussell. Tried before the Hon. JOHN Gill Shobtee. Lsr this case, the defendant was summoned “to answer the complaint of John D. Adair, special administrator of Zebulon D. Bragg, deceased”; and tbe original complaint was as follows: “John D. Adair, special adm’r on\ The plaintiff claims the estate of Z. D. Bragg, dec’dJ of the defendant $ 114, vs. ( due to him as admin-Bobert B. Barrow. ) istrator as aforesaid, from the said defendant, by account, on the 25th day of December, 1853; also, on an account stated between the plaintiff and defendant, on the said 25th…
1Opinion of the CourtStone, J.
The precise question presented by the amendment of the complaint in the court below, has not been decided by this court.
In Tate v. Shackelford’s Adm’r, 24 Ala. 510, the plaintiff, styling himself administrator in right of his wife of the estate of G-eo. W. Hail, deceased, declared on a contract made with himself personally. Shackelford died pending the suit, and the suit was revived in the name of his personal representative. This was excepted to, and assigned as error. This court held, that the words administrator, &c., were descriptive of the person, and that the suit was properly revived.…
2Cases cited11 opinions
- Leaird v. MooreSupreme Court of Alabama · 1855
- Gibson v. LandSupreme Court of Alabama · 1855
- Fambro v. GanttSupreme Court of Alabama · 1847
- Upson v. RaifordSupreme Court of Alabama · 1856
- Swink's Adm'r v. SnodgrassSupreme Court of Alabama · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Vandegrift v. Abbott.Supreme Court of Alabama · 1883
- English's Ex'r v. McNair's Admr'sSupreme Court of Alabama · 1859
- Riddle v. Hill's AdministratorSupreme Court of Alabama · 1874
- Davis v. BushMichigan Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.