Rogers v. Hatch
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. This was an action by George H. Rogers, as administrator of the estate of James A. Rogers, deceased, upon a judgment for $1193 55, recovered by him as such administrator against the defendant on April 14, 1871, in the district court of the fourth judicial district of the State of California, in and for the City and County of San Francisco.
Read the full summary
Appeal from the District Court of the Second Judicial District, Washoe County. This was an action by George H. Rogers, as administrator of the estate of James A. Rogers, deceased, upon a judgment for $1193 55, recovered by him as such administrator against the defendant on April 14, 1871, in the district court of the fourth judicial district of the State of California, in and for the City and County of San Francisco. He set forth in his complaint the death of the intestate at San Francisco on September 28, 1868; the jurisdiction of the San Francisco probate court over the administration of…
1Opinion of the Court
By the Court,
Whitman, J.:
Appellant first objects to the capacity of respondent to sue, he being a foreign administrator without grant of letters in and for this State. The objection fails in this case, as he sues on a judgment previously obtained, and the suit is in reality one personal. As was said in a like case upon a similar objection: ‘' Here the action is on a judgment already recovered by the plaintiff, and it might have been brought by him in his own name, and not as administrator; for the debt was due to him, he being answerable'for it to the estate of the intestate; and it ought to…
2Cases cited6 opinions
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Nill v. ComparetIndiana Supreme Court · 1861
- Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
- Burton v. ReedsIndiana Supreme Court · 1863
- Curtiss v. BeardsleySupreme Court of Connecticut · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. United Air Lines, Inc.District Court, D. Nevada · 1962
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Sharon v. HillUnited States Circuit Court · 1885
- Faber v. HoveyMassachusetts Supreme Judicial Court · 1875
- Silverman v. SilvermanNevada Supreme Court · 1930
16 more not listed; retrieve them via the Exa API.