Cloud v. Golightly's adm'r
Supreme Court of Alabama
Weit of Error to the County Court of Russell. The defendant in error, declared against the plaintiff as the indorser of a promissory note, made to his intestate. The declaration is in the usual form, but concludes with the proferí of letters of administration, granted to the plaintiff below by the inferior court of the county of Muscogee, in the State of Georga, when sitting for ordinary purposes.
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Weit of Error to the County Court of Russell. The defendant in error, declared against the plaintiff as the indorser of a promissory note, made to his intestate. The declaration is in the usual form, but concludes with the proferí of letters of administration, granted to the plaintiff below by the inferior court of the county of Muscogee, in the State of Georga, when sitting for ordinary purposes. It is stated in the judgment entry, that the defendant demurred to the declaration, and that his demurrer was overruled; also, that an issue of fact was tried and a verdict returned for the…
1Opinion of the CourtCollier, C. J.
By the act of 1821, it is enacted that “ when letters testamentary, probate of a will, or letters of administration on the estate of airy testator or intestate, having no known place of residence in tins State, at the time of his or her death, shall have been duly obtained in any other State, territory, or country, and no personal representative of such testator or in*655testate, shall have been duly appointed and qualified in this State, the personal representative, or representatives so appointed out of this State, may maintain any action, demand and receive any debt, and shall be entitled to…
2Cited by4 opinions
- Hatchett v. BerneySupreme Court of Alabama · 1880
- Berlin v. Sheffield Coal, Iron & Steel Co.Supreme Court of Alabama · 1899
- Harris v. MooreSupreme Court of Alabama · 1882
- Johnson v. KyserSupreme Court of Alabama · 1899