Smith v. Britton

This action was commenced on a judgment recovered in the court of common pleas of the county of New York, on the 8th of October; 1861, in favor of James N. Richards against the above named appellant. Richards, the plaintiff in the judgment, having died, the present plaintiff was duly appointed administrator of his estate, and afterward commenced this action on the judgment. He did not aver in his complaint that he had leave of the court to bring the action. The defendant demurred to the complaint, assigning as the ground of demurrer that the complaint did not state facts sufficient to…