Saunders v. Rudd
Supreme Court of Arkansas
Appeal from Chicot Circuit Court. lion. John C. Murray, Circuit Judge. A party must present his claim duly authenticated to the administrator for allowance before he can sue on it. 2 Eng. R. 78; 14 Ark. 237; lb; 246; sec. 99,p. 120, sec. 102, p. 121, Gould’s Dig.
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Appeal from Chicot Circuit Court. lion. John C. Murray, Circuit Judge. A party must present his claim duly authenticated to the administrator for allowance before he can sue on it. 2 Eng. R. 78; 14 Ark. 237; lb; 246; sec. 99,p. 120, sec. 102, p. 121, Gould’s Dig. The administrator, acting in a purely fiduciary character, cannot be sued until demand, especially on contracts of his intestate. 2 Williams Ex’rs. 1370; 2 Eng. 429. The party suing before presenting his claim to the administrator is not entitled to costs. Gould’s Dig. p. 122, sec. 108. referred to section 94, ch. 4 Dig.; 2 Eng. 78;…
1Opinion of the CourtChief Justice English
The action in this case was assumpsit, for money had and received, brought by Rudd as administrator of Maulding against Saunders as administrator of Wm. McD. Pettit. The defendant pleaded non assumpsit and limitation, and upon the trial, it was proven that the plaintiff had sworn to the demand, as required by the statute, before the commencement of the suit, but there was no evidence that he had presented it to the defendant for allowance before bringing the action upon the demand. The defendant moved the court to instruct the jury as follows:
■ “ That before the plaintiff can recover in this…
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