Phipps v. Alford

Simmons, Chief Justice.

Alford was sued individually for the amount of a judgment rendered against him as executor of Mrs. Pierce. It appeared from the plaintiff’s petition, and from the evidence at the trial, that the defendant was duly appointed executor of Mrs. Pierce, qualified as such and entered upon the administration of the estate; that on April 13, 1893, the petitioner sued him as executor of said estate to the May term, 1893, of a magistrate’s court mentioned, for the recovery of $44 and interest due by account against Mrs. Pierce, and on the same day he was legally served; that he…