Wells v. Applegate

By tbe Court,

Waldo, J.:

Tbis is an action on a promissory note made and delivered to tbe respondent by tbe appellant’s intestate. Tbe statute of October 11, 1862, Gen. Laws, 1874, p. 188, sec. 373, provides that, “an action may be commenced against an executor or administrator at any time after tbe expiration of six months from tbe granting of letters testamentary or of administration, and until tbe final settlement of tbe estate and discharge of such executor or administrator from tbe trust, and not otherwise.” Tbe complaint alleges, “that on tbe 3d day of November, 1879, at Boseburg, Douglas…