Freeman v. McCann

Decided June 15, 1861

Supreme Court of Alabama · decided 1861-06-15

Tried before the Hun.'-EoÉERT Dougherty. .The -defendant in. this case -was summoned “to answér the complaint of Joseph D. McCann, administrator of all ..and singular the..goods and chattels, - rights and credits, '-which were of Christopher P. McCann, deceased and the same words followed the plaintiff’s name in the margin of the complaint, though there was .no averment that he sued .as administrator, or that the recovery would enure to the - estate; the cause of action, as…

Relies on Crimm's Adm'rs v. Crawford · Agee v. Williams

Decided 1861-06-15

R. W. WALKER, J.

¶1We are constrained to reverse this judgment. The words “administrator'of all and singular the goods and chattels, rights and credits, of Christopher P. McCann, deceased,” which follow the name of the plaintiff in the summons, and in the margin or caption .of *716tbe complaint, must be treated as descriptio persones ; and;': tbe suit must be regarded as the suit of the plaintiff as an-, individual, not as an administrator. — Agee v. Williams, 27 Ala. 644; Crimm v. Crawford, 29 Ala. 623, (628.) The only cause of action proven, was one in favor of C. P. McCann in his life-time and this could not authorize a recovery by; the plaintiff, when suing in his individual-! character.

¶2Judgment reversed,- and cause remanded.