Wilson v. Codman's
Supreme Court of the United States
This was an action of debt, originally brought by John Codman, as assignee of a promissory note, made by the defendant, Wilson, to Andrew and William Ramsay.
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This was an action of debt, originally brought by John Codman, as assignee of a promissory note, made by the defendant, Wilson, to Andrew and William Ramsay. (a) The declaration was as follows, viz : “John Codman, assignee of Andrew Ramsay and William Ramsay, complains of William Wilson, in custody, ¿so., of a plea that he render unto him the sum of $1038.80, which to him he owes, and from him unjustly de•ains, &c., for this, to wit, that whereas, the said defendant, on the 26th. ■day of June, 1799, at Alexandria, in the county aforesaid, by his certain note in writing, subscribed with his…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — The first question which presents itself in this case is, was the defendant entitled to oyer of the letters testamentary at the term succeeding that at which the executor was admitted a plaintiff in the cause ?
It is contended, on the part of the defendant, that on the suggestion of the death of either plaintiff or defendant, a scire facias ought to issue, in order to bring in his representative; or, if a scire facias should not be required, yet, that the opposite party should have the same time to plead and make a proper defence, as if…
2Cited by18 opinions
- Mott v. HicksNew York Supreme Court · 1823
- Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1826
- McGrath v. West End Orchard & Land Co.Idaho Supreme Court · 1926
- Mechanics' & Farmers' Bank v. DakinNew York Supreme Court · 1840
- Talbot v. Ledgewood Circle Shopping Center, Inc.District Court, E.D. New York · 1961
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