Hope v. Hurt
Mississippi Supreme Court
Appeal from the Circuit Court of Lafayette County. Hon. J. W. C. Watson, Judge. Except under authority conferred by our statute the administrator appointed in Tennessee could not sue in this State. Wilkins v. Fllett, 9 Wall. 740; Klein v. French , 57 Miss. 662. Suit is authorized by Code 1880, § 2091, but on specified conditions, which were not complied with in this case.
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Appeal from the Circuit Court of Lafayette County. Hon. J. W. C. Watson, Judge. Except under authority conferred by our statute the administrator appointed in Tennessee could not sue in this State. Wilkins v. Fllett, 9 Wall. 740; Klein v. French , 57 Miss. 662. Suit is authorized by Code 1880, § 2091, but on specified conditions, which were not complied with in this case. Nothing was produced except a copy of alleged letters of administration, not certified according to the act of Congress. Failure to raise the point in the Justice’s Court did not estop the defendant, for the defect could not…
1Opinion of the CourtChalmers, C. J.
An adminstrator appointed in Tennessee brought suit before a justice of the peace in Lafayette County upon a claim alleged to be due his intestate here, and recovered judgment. An appeal was taken to the Circuit Court, and there the defendant moved to dismiss the suit because the plaintiff had not, before suit brought, filed in the chancery clerk’s office a duly and properly certified copy of the record of his appointment as administrator in the State'of Tennessee, and of his liability to account there for the claim sued on, as required by Code 1880, § 209J. This motion was overruled at the…
2Cited by4 opinions
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