Coleman v. Hall
Massachusetts Supreme Judicial Court
This was a writ of scire facias, in which the plaintiff sets forth that he, at the Circuit Court of Common Pleas at Salem, June term, 1812, recovered judgment against the goods and estate *of one Amasa Peabody, deceased, in the hands and [*571 ] under the administration of the defendant, for the sum of $ 189.30 damage, and $26.26 costs ; and on the sixth of July following sued out an execution thereon, and delivered the same to a deputy sheriff of the county of Middlesex,…
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This was a writ of scire facias, in which the plaintiff sets forth that he, at the Circuit Court of Common Pleas at Salem, June term, 1812, recovered judgment against the goods and estate *of one Amasa Peabody, deceased, in the hands and [*571 ] under the administration of the defendant, for the sum of $ 189.30 damage, and $26.26 costs ; and on the sixth of July following sued out an execution thereon, and delivered the same to a deputy sheriff of the county of Middlesex, who made his return thereon as follows, namely, “ Middlesex, ss. Sept. 19, 1812. I have presented this execution to the…
1Opinion of the CourtJackson, J.
It is perfectly well settled in the English courts, that an executor or administrator cannot plead plene administravit to a scire facias on a judgment recovered against him. But the reason of the rule does not apply here ; and the very principles, on which it is founded, require a contrary decision, in a case like the present, in our courts. In the case at bar, the defendant is pleading matter, which has occurred since the judgment against him ; and *495which, if it had existed before, might have been pleaded in bar of the former suit.
When an administrator is sued in England, if he does not…
2Cases cited1 opinion
- Carley v. VanceMassachusetts Supreme Judicial Court · 1821
3Cited by13 opinions
- Fuller v. ConnellyMassachusetts Supreme Judicial Court · 1886
- McKim v. RoosaMassachusetts Supreme Judicial Court · 1903
- Thomas v. RiegelSupreme Court of Pennsylvania · 1835
- Campbell v. Employers' Liability Assurance Corp.Massachusetts Supreme Judicial Court · 1946
- Burgess v. YoungSupreme Judicial Court of Maine · 1903
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