Holloway v. Calvin
Supreme Court of Alabama
Appeal from Circuit Court, Dallas County; D. M. Miller, Judge. Assumpsit by Mrs. Andrew M. Calvin against Mrs. A. F. Holloway administratrix of the estate of Mrs. Sarah L. Bland. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Dallas County; D. M. Miller, Judge. Assumpsit by Mrs. Andrew M. Calvin against Mrs. A. F. Holloway administratrix of the estate of Mrs. Sarah L. Bland. Judgment for plaintiff, and defendant appeals. The complaint is on the common counts for work done and supplies furnished by plaintiff to defendant’s intestate from May, 1913, to May, 1916, and from May, 1910, to May, 1916. The caption is: “Mrs. Andrew M. Calvin, Plaintiff, v. Mrs. A. F. Holloway, administratrix of the estate of Mrs. Sarah L. Bland, defendant.” The verified account placed in evidence by plaintiff is…
1Opinion of the CourtSomerville, J.
[1, 2] It is well settled that when the caption of a complaint merely appends to the name of a party the word “executor” or “administrator,” omitting the explanatory connective “as,” and there is nothing else in the caption or the complaint to show that the party sues or is sued in his representative capacity, the word of representation is but descriptio personae, and the suit is by or against such party in his individual capacity only. Lucas v. Pittman, 94 Ala. 616, 10 South. 603; A. C. etc., Ry. Co. v. Heald, 178 Ala. 636, 59 South. 461.
But where the allegations of the complaint indicate…
2Cases cited6 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
- Flinn v. ShacklefordSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Moore v. CruitSupreme Court of Alabama · 1939
- Giglio v. BarrettSupreme Court of Alabama · 1922
- Johnson v. JohnsonSupreme Court of Alabama · 1921
- Metcalf v. MetcalfSupreme Court of Alabama · 1925
- Jones v. BelueSupreme Court of Alabama · 1941
5 more not listed; retrieve them via the Exa API.