Legal Opinion

Laughlin v. Solomon

Supreme Court of Pennsylvania

Decided February 22, 1897No. Appeal, No. 467PublishedCited by 30 opinions

Appeal, No. 467, Jan. T., 1896, by plaintiff from judgment of C. P. No. 3, Phila. Co., March T., 1896, No. 386, sustaining demurrer to statement. Assumpsit on promissory notes.

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Appeal, No. 467, Jan. T., 1896, by plaintiff from judgment of C. P. No. 3, Phila. Co., March T., 1896, No. 386, sustaining demurrer to statement. Assumpsit on promissory notes. The defendant demurred to the statement: 1. Because the aforesaid receiver has no jurisdiction to sue for or recover accounts outside of the jurisdiction of the state of Pennsylvania, and the said executor was appointed by and subject to the courts of the state of Delaware, and there is no averment of an appointment of the said executor as ancillary administrator in the state of Pennsylvania, or any averment of any…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The general rule as stated in the text books is that an executor can only sue or be sued in his own forum: Am. & Eng. Ency. of Law, title Conflict of Laws, xrv. c. But in Pennsylvania the rule cannot be stated so broadly. Where any party invokes the assistance of a court, claiming to act en autre droit, he must show such a right as will be recognized by the forum, and as an executor or administrator’s right to act for his decedent depends on his representative character conferred by letters testamentary, these latter cannot of course give authority beyond the…

2Cases cited11 opinions

  1. Case of Miller's EstateSupreme Court of Pennsylvania · 1832
  2. Brodie v. BickleySupreme Court of Pennsylvania · 1830
  3. Welles's EstateSupreme Court of Pennsylvania · 1894
  4. Dent's AppealSupreme Court of Pennsylvania · 1854
  5. Barry's AppealSupreme Court of Pennsylvania · 1878

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3Cited by30 opinions

  1. Goldlawr, Incorporated v. ShubertDistrict Court, E.D. Pennsylvania · 1958
  2. Wolfe v. Lewisburg Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1931
  3. Manley v. MayerSupreme Court of Kansas · 1904
  4. Callwood v. Virgin Islands National BankCourt of Appeals for the Third Circuit · 1955
  5. Saporita v. LitnerMassachusetts Supreme Judicial Court · 1976

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