Berry v. Hopkins

Opinion by

Judge Lindsay:

An ordinary action under the provisions of the 437th section of the Civil Code to revive a judgment against a personal representative of a deceased judgment debtor is such a suit against a personal representative as is contemplated by the 437th section of the code, and as the necessary affidavit and demand had not been made before this suit was instituted the petition was properly dismissed as to Hopkins, administrator. Curry's Adm’r v. Bryant’s Adm’r, 7 Bush 301.

Nor can appellant complain because it was dismissed as to the infant, Mary J. Hopkins. He had no right to…