Langdon v. Potter
Massachusetts Supreme Judicial Court
This was an action of debt upon a judgment -of this Court, and came up by appeal from the judgment of the Circuit Court of Common Pleas upon a demurrer with reservation, and was entered in this Court April term, 1813, when the defendant filed three several pleas in bar of the action, which resulted in issues to the country.
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This was an action of debt upon a judgment -of this Court, and came up by appeal from the judgment of the Circuit Court of Common Pleas upon a demurrer with reservation, and was entered in this Court April term, 1813, when the defendant filed three several pleas in bar of the action, which resulted in issues to the country. At the sittings here after the last September term, the cause came on for the trial of those issues ; and, after it was opened to the jury, was stopped by the judge, upon an objection made by the counsel for the defendant, on the ground that no administration had been…
1Opinion of the CourtJackson, J.
This case having been submitted without argument, the Court have been at some pains in searching and examining the authorities applicable to the questions which present themselves.
*It is well settled that an administrator, appointed [ * 314 ] and commissioned under the authority of another state, cannot maintain an action in this state upon any contract made with his intestate. (1) The question therefore is, whether, in this case, it appears judicially to the Court that the plaintiffs were not duly appointed administrators under the authority of this common wealth ; or whether we can…
2Cases cited5 opinions
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
- Sewall v. LeeMassachusetts Supreme Judicial Court · 1812
- Otis v. WarrenMassachusetts Supreme Judicial Court · 1817
- Martin v. WoodsMassachusetts Supreme Judicial Court · 1812
3Cited by30 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- Scott Martel v. George F. Stafford, Administrator, Etc.Court of Appeals for the First Circuit · 1993
- Louisville & Nashville Railroad v. Brantley's Adm'rCourt of Appeals of Kentucky · 1894
- Saporita v. LitnerMassachusetts Supreme Judicial Court · 1976
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