Saunders v. Smith

By the Court.

Warner, J.

delivering the opinion.

There was a motion made in the Court below to set aside the decree made in this cause by the Superior Court of Decatur County, in June 1838, on several grounds.

First, Because the defendant was not liable to be sued, or [1.] recovery had against him, by the defendant in error as administrator de honis non.

The answer to this objection is, that the decree of which the plaintiff in error complains, was rendered long anterior to the or*126ganization of this Court; and if we were to take upon ourselves the task to correct all the errors which might be…