Cannon v. . Cannon

The only question presented is whether or not the court below committed error in overruling defendant’s demurrer. We think it should have been sustained.

It is provided in G. S., 28-176: That “All actions and proceedings brought by or against executors, administrators or collectors, upon any cause of action or right to which the estate is the real party in interest, must be brought by or against them in their representative capacity.” But we have no statutory authority which authorizes a foreign executor or administrator to come into our courts and prosecute or defend an action in his…