Supreme Court of Alabama, 1841

Peters v. Heydenfeldt

Peters v. Heydenfeldt
Supreme Court of Alabama · Decided June 15, 1841 · Ormond
3 Ala. 205

Peters v. Heydenfeldt

Opinion of the Court

ORMOND, J.

The declaration shows very conclusively, that the action is founded on a contract made by the administrator, by which the estate could not be charged in this action, but for which he is individually responsible. The addition of “ administrator,” to his name in the writ and declaration, cannot vitiate, as for the reasons given, the declaration shows that he was not sued in that capacity. The addition, therefore, is a mere description of the person, and will not vitiate. It follows from this, that the judgment below-was correct, and it is therefore affirmed.

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