Smith Thompson

“ The debt sued for is, in truth, due to the plaintiff, in his personal capacity, and he may well declare, that the debt is due to himself.
If in the case before us, the judgment is considered a debt due to the plaintiff in his personal capacity, it is totally immaterial, whether the defendant was or was not administrator of John Wilkins, in the state of Mississippi. That could not, in any manner affect the rights of the plaintiff. The plea therefore, tenders an immaterial issue, and is bad on demurrer. ”

“ That it is not necessary, in cases like the present, for the plaintiff to name himself as administrator, follows as matter of course from his not being bound to make profert of his letters of administration, and that when he does so name himself it may be rejected, as surplusage, is well settled by numerous authorities. ”