Commercial Bank v. Slater
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Willcin, J., presiding, refusing a new trial. The case is stated in the opinion. The next following case, between the same parties, was an attempt by plaintiff to enforce the same claim involved in this case, by an original action in the district court.
1Opinion of the CourtBerry, J.
Heylin, defendant’s intestate, .died December 28, 1866, in Pennsylvania, where one Ashton was appointed administrator of his estate, January 19, 1867. During Hey*173lin’s lifetime, the appellant, The Commercial Bank of Kentucky, commenced an action against him in the district court for the county of Philadelphia. In this action, (which was upon contract,) Heylin appeared, and it was pending at the time of his death. Ashton, the administrator, having been substituted as defendant after Heylin’s death, and having duly appeared, the Bank, on September 9, 1871, recovered judgment therein for…
2Cited by3 opinions
- In re the Estate of KittsonSupreme Court of Minnesota · 1891
- Ames v. SlaterSupreme Court of Minnesota · 1880
- Bunnell v. PostSupreme Court of Minnesota · 1879