Peters v. Heydenfeldt

Supreme Court of Alabama

Peters v. Heydenfeldt

3 Ala. 205

CourtSupreme Court of Alabama

DecidedJune 15, 1841

StatusPublished

Cited by4 cases

This text of 3 Ala. 205 (Peters v. Heydenfeldt) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peters v. Heydenfeldt, 3 Ala. 205 (Ala. 1841).

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Opinion

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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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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Bluebook (online)

3 Ala. 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-heydenfeldt-ala-1841.

Opinion

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