Glendenning v. McNutt

Whitson J.,

delivered tbe opinion.

Hollister, J., concurred.

This is an action brought by James Glendenning, claiming to be administrator of the estate of William Smith, deceased, against David McNutt and Fred Phillips, to recover a balance due upon a promissory note by them to said Smith during his life-time. The complaint alleges the appointment of Glendenning and the performance of the duties of administrator at the time of the commencement of the action by him. The answer puts in issue only the legal and due appointment of Glendenning, and that he ever has had any legal authority to act as…