Legal Opinion · Dissent

Cutrer v. State

Mississippi Supreme Court

Decided October 15, 1910Published

Appeal from the chancery court, Second district of Coahoma county. Hon. M. E. Denton, Chancellor. Suit by the state of Tennessee on the relation of N. E. Leggett against J. W. Cutrer et al. Prom a decree overruling a demurrer to the bill, defendant appeals.

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Appeal from the chancery court, Second district of Coahoma county. Hon. M. E. Denton, Chancellor. Suit by the state of Tennessee on the relation of N. E. Leggett against J. W. Cutrer et al. Prom a decree overruling a demurrer to the bill, defendant appeals. The facts are fully stated in the opinion of the court. 1. The suit is on the alleged bond of P. L. Whitworth, in the probate court of Shelby county, Tennessee, as administrator C. T. A. of the estate of Mary F. Leggett, deceased, appointed by said probate court; the appellants, J. W. Cutrer and E. IT. Crutcher, being sued as sureties on…

1DissentSmith, J.

I feel constrained to differ with my brethren in the conclusion they have reached in this matter. The general rule is that an executor or administrator appointed in one jurisdiction cannot be sued in his representative capacity in any other jurisdiction. Winter v. Winter, Walker, 211; Boyd v. Lambeth, 24 Miss. 433; Riley v. Moseley, 44 Miss. 37; Vaughan v. Northup, 15 Pet. 1, 10 L. Ed. 639; Story on Confl. Laws, §§ 513, 514; 18 Cyc. 1244, and authorities there cited.

It may he that there is an exception to the rule announced in the above authorities, under which exception a foreign executor or…

2Cases cited3 opinions

  1. Vaughan v. NorthupSupreme Court of the United States · 1841
  2. Riley v. MoseleyMississippi Supreme Court · 1870
  3. Boyd v. LambethCourt of Appeals of Mississippi · 1852

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