Mansfield v. Turfin & Clements
Supreme Court of Georgia
Assumpsit, in Sumter Superior Court. Tried before Judge Allen, at the October Term, 1860. This was an action brought by the plaintiffs, John Mansfield and Frederick Ives, as administrators of Henry Ives, deceased, against Turpin & Clements, to recover the amount of an open account.
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Assumpsit, in Sumter Superior Court. Tried before Judge Allen, at the October Term, 1860. This was an action brought by the plaintiffs, John Mansfield and Frederick Ives, as administrators of Henry Ives, deceased, against Turpin & Clements, to recover the amount of an open account. On the trial of the case, the plaintiffs introduced Turpin, one of' the defendants, as a witness, who testified: “ That he received the bill of goods charged and sued on, and that they were worth the prices charged; that he saw on the firm books a copy note for the amount, and across it, in his own handwriting,…
1Opinion of the Court
*261 By the Court.
Jenkins, J.,
delivering the opinion.
We hold that the judgment of the Court below, awarding a non-suit in this case, was correct.
Anterior to the Act of the 23d July, 1850, foreign executors and administrators had no status in the Courts of Georgia—could not institute suits to recover choses in action, or to enforce any right of their testators or intestates. That act removed the disability—conferred the- right. But the Legislature, (as they had a perfect right to do,) imposed a condition on the privilege in the form of a proviso to the act, in these words: “ Provided, said legal…
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