Lowery v. Daniel
Supreme Court of Alabama
Appeal from Crensbaw Circuit -Court.- Tried before tbe Hou. JOHN P. Hubbabd. Tbis was an action for money bad and received, brought by tbe appellant, Bobert Lowery, against “E. J. Daniel, Adm’r. of W. J. Daniel, dec’d.” claiming one hundred and twelve and seventy-two hundredths dollars, “money had and received by the defendant, to and for the use of the plaintiff.”
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Appeal from Crensbaw Circuit -Court.- Tried before tbe Hou. JOHN P. Hubbabd. Tbis was an action for money bad and received, brought by tbe appellant, Bobert Lowery, against “E. J. Daniel, Adm’r. of W. J. Daniel, dec’d.” claiming one hundred and twelve and seventy-two hundredths dollars, “money had and received by the defendant, to and for the use of the plaintiff.” The defendant, for answer, pleaded that he had been appointed the administrator of said W. J. Daniel’s estate, but had, before the comencement of this suit, made a final settlement of his trust, and had been, by final decree of the…
1Opinion of the CourtHaralson, J.
The summons and complaint in this case, each describes the defendant as, “E. J. Daniel, Admr. of "W. J. Daniel, deed.” The complaint is, “Eobert Lowery, plaintiff, v. E. J. Daniel, admr. of W. J. Daniel, deed.” “The plaintiff claims of the defendant, the sum of one hundred and twelve 72-100 dollars, money had and received by defendant at divers times, to-wit: (specifying the dates when received), to and for the use of the plaintiff, with interest thereon.”
The suit, it will be observed, is not against the defendant, as administrator, but against him, individually — the word, administrator,…
2Cases cited8 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Simmons v. PriceSupreme Court of Alabama · 1850
- Ligon v. LigonSupreme Court of Alabama · 1887
- Gayle v. ElliottSupreme Court of Alabama · 1846
- Cogburn v. McQueenSupreme Court of Alabama · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ferrell v. RossSupreme Court of Alabama · 1917
- Spotswood v. BentleySupreme Court of Alabama · 1902
- Bryant v. Southern Railway Co.Supreme Court of Alabama · 1902
- Kilgore v. KilgoreSupreme Court of Alabama · 1893
- Bartlett v. JenkinsSupreme Court of Alabama · 1925
7 more not listed; retrieve them via the Exa API.