Peckham v. O'Hara

Relator sued out an execution upon a judgment which appears to have been in form against the estate of Isaac J. Hoag, deceased, and the writ was levied on lands which had belonged to the decedent. Upon application of the administratrix, Elizabeth A. Hoag, the levy was set aside, and the execution recalled. Relator asks for a mandamus to have the order of the circuit court vacated. The declaration is against Elizabeth A. Hoag individually, it sets up as cause of action specially the allowance of a claim of plaintiff against Isaac J. Hoag’s estate, and a failure by defendant to pay the claim as…