Legal Opinion

Fairfax's v. Fairfax

Supreme Court of the United States

Decided February 21, 1809PublishedCited by 23 opinions

ERROR to the circuit court for the district of Columbia, sitting. at Alexandria, iii an action of assumpsit brought by the defendant in error against the plaintiff in error, as executor. Upon the issues,of non assumpsit and plene administravit, the jury found a general verdict, which was recorded in this form: “ We of the jury find the issues for the plaintiff, and assess the damages to two hundred and twenty dollars and ninety-five cents.”

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ERROR to the circuit court for the district of Columbia, sitting. at Alexandria, iii an action of assumpsit brought by the defendant in error against the plaintiff in error, as executor. Upon the issues,of non assumpsit and plene administravit, the jury found a general verdict, which was recorded in this form: “ We of the jury find the issues for the plaintiff, and assess the damages to two hundred and twenty dollars and ninety-five cents.” Upon which verdict the judgment of the court was “ that the plaintiff recover against the defendant her damages aforesaid in form aforesaid assessed, and…

1Opinion of the Court

February 21.

Marshall, Ch. J.

delivered the opinion of the court to the following effect • -

The verdict ought to have found the amount of the assets in the hands of the defendant to be admihistered.

The cases cited to show that the judgment must be for the whole sum, if the verdict find any assets, have beén overruled. This is declared by Lord Mansfield, An a case cited in GwilHirds edition of Bdc. Abr. and the law is now well understood to be, that the executor is only liable for the amount of assets found by the jury. In Virginia the law has been so settledi . The case cited from 2 Wash. Rep.…

2Cited by23 opinions

  1. Tripp v. Santa Rosa Street RailroadSupreme Court of the United States · 1892
  2. Edmonds v. CrenshawSupreme Court of the United States · 1840
  3. Moody v. KeenerSupreme Court of Alabama · 1838
  4. Thrash v. SumwaltSupreme Court of Alabama · 1843
  5. Ellison v. WeintrobSupreme Court of Virginia · 1924

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