Shillaber v. Wyman
Massachusetts Supreme Judicial Court
The plaintiff having, November term, 1816, of this Court, recov ered judgment against the defendant as executor of Francis Wyman, deceased, brings this writ of scire facias, to have execution of the said judgment against the defendant de bonis propriis, upon a suggestion of waste, &c.
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The plaintiff having, November term, 1816, of this Court, recov ered judgment against the defendant as executor of Francis Wyman, deceased, brings this writ of scire facias, to have execution of the said judgment against the defendant de bonis propriis, upon a suggestion of waste, &c. The defendant pleads, in bar of execution, that, before the suing out of the scire facias, viz., on, &c., he was duly appointed administrator of the goods and estate of the said Francis; that the said estate was insolvent; and sets forth the proceedings thereupon, to the decree of insolvency and distribution;…
1Opinion of the CourtParker, C. J.
In the case of Coleman vs. Hall, Adm., which was a scire facias to obtain execution of a judgment before rendered, it was decided that a special plena administravit, under the insolvent law, was a good plea in bar to the scire facias. And, in a case in Cumberland, which was argued at the last term at Portland, and continued for advisement, we have come to the opinion that a similar plea was a good bar to an action against an executrix *295de son * tort, although administration was taken out after the commencement of the plaintiff’s action, according to the authorities cited for the defendant in…
2Cited by3 opinions
- Gifford v. CarvillCalifornia Supreme Court · 1866
- Wozniak v. United StatesDistrict Court, D. Massachusetts · 1988
- Bosseau v. O'BrienU.S. Circuit Court for the Northern District of Illnois · 1869