Yeaton v. Lynn Ex Rel. Lyles
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, and county of Washington. The defendant in error, as executor of John Wise, on the 8th of April 1826, instituted an action of assumpsit in the circuit court. The declaration contained two counts ; the first, for money paid, laid out and expended ; the second, on account for money paid, &e., in which the defendant was alleged to have been found in arrear to the plaintiff, as executor.
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Error to the Circuit Court of the district of Columbia, and county of Washington. The defendant in error, as executor of John Wise, on the 8th of April 1826, instituted an action of assumpsit in the circuit court. The declaration contained two counts ; the first, for money paid, laid out and expended ; the second, on account for money paid, &e., in which the defendant was alleged to have been found in arrear to the plaintiff, as executor. The letters testamentary of the plaintiff, as executor of John Wise, were revoked by the orphans’ court, on the 9th of November 1826. The jury found a…
1Opinion of the Court
Marshall, Oh. J.,
delivered the opinion of the court. — This is an action on the case, brought by Adam Lynn, as executor of John Wise, for the use of Thomas C. Lyles and others against William Yeaton, in the circuit court *of the United States, sitting in the county of Alexandria. L The declaration contains two counts ; .one for money paid by the plaintiff, Lynn, as executor, for the use of the defendant, and the other on an account settled by the said plaintiff, as executor, with the defendant, for money due by the defendant to the plaintiff, as executor as aforesaid. The cause was tried on…
2Cases cited2 opinions
- Miller v. THE SHIP RESOLUTION, AND INGERSOLLSupreme Court of the United States · 1781
- Jackson ex dem. Colden v. RichNew York Supreme Court · 1810
3Cited by21 opinions
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- Cazallis v. IngrahamSupreme Judicial Court of Maine · 1920
- Ex parte HowellSupreme Court of Alabama · 1897
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