Vickery v. Beir
Michigan Supreme Court
Case made after judgment, from Livingston Circuit. This was an action of assumpsit commenced by one John Vickery, to recover the amount due ujion certain promissory notes. The defendants pleaded the general issue. After issue joined, Vickery died. His death was suggested on the record, and the cause was revived in the name of the plaintiff as his administratrix. The defense was that the plaintiff, being a foreign administratrix, could not maintain the action.
1Opinion of the Court
Cooley J.
It appears from the record in this case that the action was commenced by John Yickery as plaintiff, and that after plea of the general issue by the defendant, Holdridge, the plaintiff’s death was suggested of record, and the cause revived in the name of Martha B. Yickery as his administratrix. The cause afterwards went to trial, and the defendant, Holdridge, offering evidence to show that the plaintiff’s appointment as administratrix was made in another state, *53the plaintiff admitted the fact, but denied its competency as evidence; and thereupon the Court decided that the action could…
2Cases cited2 opinions
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1814
- Copewood v. Taylor's adm'rSupreme Court of Alabama · 1838
3Cited by7 opinions
- Reynolds v. McMullenMichigan Supreme Court · 1885
- Bachelder v. BrownMichigan Supreme Court · 1882
- Security-First Nat. Bank v. KingWyoming Supreme Court · 1933
- Territory of New Mexico v. Chavez y ChavezNew Mexico Supreme Court · 1896
- Sayre v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1919
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