
    FREEMAN vs. McCANN.
    t;[action on stated account.]
    3. Soid administrator may or must deolwe. — Tho- words “administrator]” &c., following the plaintiff’s name in the summons, and in tho caption-of -the complaint, are, of themselves,’ more' disscripHo personas, and do> s^mot show'-thafeihe plaintiff-sued in his representativo character.
    
      :2. Variance: — “Where the summons and complaint are in the name of the plaintiff individually, he cannot recover, on proof of a cause of action accruing to him as administrator.
    Appeal from the Circuit Court of Talladega.
    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 stated in the complaint, being simply “the sum of $50, due by account stated, on the 25th June, 1856, with interest thereon.” The defendant pleaded, in short by consent, non assumpsit, payment, and set-off. On the trial, as the bill of exceptions shows, . the plaintiff adduced evidence tending-to show an admission >by the defendant of an indebtedness--to Christopher E. McCann in his life-time; and the ’defendant introduced - evidence tending to rebut'the plaintiff's evidence. “On this state of facts, the court charged the. jury, that if they believed, from the evidence, - that- the-defendant did make ' the admission,to C. P. McCann above referred to, and did owe him fifty-dollars,, and had not paid it, then the plaintiff would be entitled to recover the amount so admitted to be due, with-the -interest thereon!” This charge, to which the defendant- excepted, is the only matter assigned as > error.
    L.’ E. ParsoNS, for appellant.
    John Henderson, contra.
    
   R. W. WALKER, J.

We 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 tbe 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.

Judgment reversed,- and cause remanded.  