3 Stew. 239
Decided July 15, 1830
Supreme Court of Alabama · decided 1830-07-15
This was a writ of error from Pike Circuit Court. Foley, “as administrator of John Green,” sued Warren Green in debt, and recovered. Green sued out his writ of error, and the writ of error did not describe Foley in his representative character, but describes him individually merely.
Decided 1830-07-15
¶1We are of Opinion under the circumstances of this case, that the failure of the Clerk to describe Foley, the plaintiff below, as administrator, is not such a variance as will be fatal. We therefore overrule the motion to dismiss, and the cause must be heard on the errors assigned.
¶2Motion discharged.