Carr

This action was brought by plaintiff, as administrator of the estate of one Michael Carr, deceased, to recover . from the defendants certain moneys which had been, in his lifetime, deposited by said Michael in the defendant bank.

Judgment passed for plaintiff, and the present appeal is by said M. K. Carr from said judgment, supported by a bill of exceptions.

It is first contended that the omission to insert the word “as” after the name of plaintiff, in the title of the action, necessarily makes the action one prosecuted by plaintiff in his individual right and not in his representative capacity. There is no merit in this claim, since the averments of the complaint themselves clearly and distinctly disclose that plaintiff brought the action as the administrator of the estate of Michael Carr, deceased, and not in his own right.

The complaint sets out the death of deceased and that he died intestate; that plaintiff was duly appointed administrator of the estate of said deceased, and that he duly qualified and is acting as such; that the money referred to in said complaint is the property of said estate; that “plaintiff, as such administrator of the estate of Michael Carr,…