Dawes v. Shed
Massachusetts Supreme Judicial Court
This was an action of debt upon a bond given to the plaintiff, judge of probate for the county of Suffolk, dated the 14th of February, 1797, executed by the defendant’s testator, Joseph Shed, as surety for Josiah Bacon, administrator of the estate of John Bacon, and conditioned for the due administration of the said estate by the said John.
Read the full summary
This was an action of debt upon a bond given to the plaintiff, judge of probate for the county of Suffolk, dated the 14th of February, 1797, executed by the defendant’s testator, Joseph Shed, as surety for Josiah Bacon, administrator of the estate of John Bacon, and conditioned for the due administration of the said estate by the said John. After oyer had of the bond and of the condition, the defendants plead a general performance of the condition of the bond, by the said Josiah, the principal. The replication states the following breach substantially, viz : That in the year 1816 a judgment…
1Opinion of the CourtParker, C. J.
The first question in this case is, whether the rejoinder sets forth a good defence to the demand, as specified in the replication. That the administrator, in the suit against him, might have defended himself by a similar plea, none will deny. For the statutes which provide a limitation of actions against executors and administrators, expressly declare that no executor or administrator shall be compelled or held to answer to any suit., not commenced within four years from the time of his giving public notice that he has accepted that trust. And he was obliged to make that, defence, for the…
2Cases cited3 opinions
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
3Cited by43 opinions
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
- Spokane County v. PrescottWashington Supreme Court · 1898
- Ryus v. GrubleSupreme Court of Kansas · 1884
- Claim of Cheesman v. CheesmanNew York Court of Appeals · 1923
- Atlas Shoe Co. v. BloomMassachusetts Supreme Judicial Court · 1911
38 more not listed; retrieve them via the Exa API.