Legal Opinion

Woodruff v. Young

Michigan Supreme Court

Decided June 9, 1880PublishedCited by 6 opinions

Appeal from Jackson,. Bill for accounting, etc. Complainant appeals. Foreign executors coming into the forum are liable to suit for assets received in the foreign jurisdiction, Swearinger v. Pendleton 4 S. & B. 889; Evans v. Tatem 9 S. & E. 252; Bryan v. M’Qee 2 Wash. C. C. 337; Campbell v. Tousey 7 Cow. 64; Julian v. .Reynolds 8 Ala. 680; Blatter v. Canoll 2 Sandf.

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Appeal from Jackson,. Bill for accounting, etc. Complainant appeals. Foreign executors coming into the forum are liable to suit for assets received in the foreign jurisdiction, Swearinger v. Pendleton 4 S. & B. 889; Evans v. Tatem 9 S. & E. 252; Bryan v. M’Qee 2 Wash. C. C. 337; Campbell v. Tousey 7 Cow. 64; Julian v. .Reynolds 8 Ala. 680; Blatter v. Canoll 2 Sandf. Ch. 573; Scruggs v. Driver 31 Ala. 274; McNamara v, Dwyer 7 Paige 239. The jurisdiction to compel an executrix to account is exclusive in the courts of the State where appointed, Brown v. Brown 4 Edw. Ch. 343; Camp-hell v. Sheldon…

1Opinion of the CourtGraves, J.

This is an appeal in equity against the allowance of a general demurrer and dismissal of the bill. The question whether the appearance, which was expressed as being for no other purpose than to dispute the jurisdiction, did or did not admit it, is hardly worth discussing. If the substantial matter of the bill was manifestly improper for the cognizance of the court, an appearance by solicitor, made expressly for the exclusive purpose of submitting the objection by demurrer, could not render the matter proper.

The complainant sets up that until June, 1857, her father, James Young, together with…

2Cases cited2 opinions

  1. Vaughan v. NorthupSupreme Court of the United States · 1841
  2. Spoon v. BaxterMichigan Supreme Court · 1875

3Cited by6 opinions

  1. Childs v. PellettMichigan Supreme Court · 1894
  2. Schwartz v. GerhardtOregon Supreme Court · 1904
  3. Schuster v. Superior CourtCalifornia Court of Appeal · 1929
  4. Winslow v. JennessMichigan Supreme Court · 1887
  5. Falke v. TerrySupreme Court of Colorado · 1904

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