Klein v. French
Mississippi Supreme Court
' Appeal AND ceoss-appeal from the Chancery Court of Warren County. Hon. UPTON M. YOUNG, Chancellor. 1. The court erred in charging Klein with the acceptance, for the following reasons. (1) As executor he was not chargeable with the collection of that claim, and was under no duty in respect to it. Every grant of administration is confined to the State in which it is made, and confers no power to collect assets in other States.
Read the full summary
' Appeal AND ceoss-appeal from the Chancery Court of Warren County. Hon. UPTON M. YOUNG, Chancellor. 1. The court erred in charging Klein with the acceptance, for the following reasons. (1) As executor he was not chargeable with the collection of that claim, and was under no duty in respect to it. Every grant of administration is confined to the State in which it is made, and confers no power to collect assets in other States. Riley v. Moseley, 44 Miss. 87. A foreign administrator cannot be sued here even on a judgment rendered against him in the State in which he was appointed. Winter v.…
1Opinion of the CourtGeorge, C. J.
Jacob Peale, in his lifetime, accepted the draft of one Z. White for his accommodation. White failed to put Peale in funds to meet the draft, and Peale having made an arrangement for an extension of the time of payment soon afterward died, having by his will appointed the appellant, Klein, his executor, who qualified as such, and on January 1, 1868, paid the bill, as the representative of Peale. Z. White died in the autumn of 1868. He was domiciled, at the time *668of bis death, in the State of Kentucky. He also owned a valuable plantation in Louisiana, near the city of Vicksburg, where the…
2Cases cited6 opinions
- Case of the State Tax on Foreign-Held Bonds. Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
- Wilkins v. EllettSupreme Court of the United States · 1870
- Doolittle v. LewisNew York Court of Chancery · 1823
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
- City of Davenport v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCully v. CooperCalifornia Supreme Court · 1896
- O'Connor v. RootSupreme Court of Iowa · 1906
- Miller v. Phoenix State Bank & Trust Co.Supreme Court of Connecticut · 1951
- Luce v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1885
- City Savings & Trust Co. v. BranchieriMississippi Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.