Wood v. Evans
Wood v. Evans
Opinion of the Court
The demurrer to the petition should have been sustained. It is alleged in the petition that the defendants had failed to pay the note described therein, except the amount credited on the note, and that
It sufficiently appears from the petition that the suit was brought by defendant in error in his representative capacity as surviving administrator, and that the note upon which there was an unpaid balance claimed to be due was assets belonging to the estate of his intestate.
But for the reason previously stated the judgment must be reversed and the cause remanded.
Reversed and remanded.
Reference
- Full Case Name
- F. P. Wood v. J. C. Evans, Administrator
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- 1. Pleading certainty.—A petition by the holder of a promissory note alleging the failure to pay the note, except the amount credited thereon, which amount is not stated, is insufficient. 2. Same.—The cause of action and the breach should be distinctly averred; the facts sufficient to warrant a judgment should be directly and distinctly set forth. 3. Surviving administrator.-—A surviving administrator can maintain suit upon a promissory note executed to him and another administrator jointly, and who has died, upon alleging the execution of the note to them jointly as administrators and the decease of the administrator not joined as plaintiff.