Ruff v. Smith
Mississippi Supreme Court
In error to the Circuit Court of Noxuba county. Hon. John Watts, judge. 1. Judgments are not admissible at law, and it is well settled that no action can be maintained on an administrator’s bond, at the relation of the assignee of a judgment against bim. Burnett v. Haswell, 8 Leigh, 89, 92; Matthews v. Baily, 25 Miss. R. 88; 2 Litt. 357; 3 A. K. Marsh. 1176; Hutch.
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In error to the Circuit Court of Noxuba county. Hon. John Watts, judge. 1. Judgments are not admissible at law, and it is well settled that no action can be maintained on an administrator’s bond, at the relation of the assignee of a judgment against bim. Burnett v. Haswell, 8 Leigh, 89, 92; Matthews v. Baily, 25 Miss. R. 88; 2 Litt. 357; 3 A. K. Marsh. 1176; Hutch. Code, 336-441. 2. This action cannot be maintained by a creditor who has not obtained a judgment against the administrator, to be levied of the goods and chattels of the intestate in his hands to be administered, and a return of…
1Opinion of the CourtSmith, C. J.
This was a suit for a devastavit, in the name of the Judge of Probates, for the use of the plaintiff in error, Moses Cockrell, against W. H. Smith, upon his bond as administrator de bonis non of Wm. Cockrell, deceased, and James Younger, as his surety.
Moses Cockrell, the relator, claims as a creditor of the decedent’s estate. He alleged in his complaint, that he held “by assignment and purchase, for a valuable consideration, a judgment for the sum of $10,945, rendered in the Circuit Court of Noxuba county, on the 23d day of April, 1841; that several executions were issued upon said judgment,…
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