Upton v. Adams' Executors

This was a suit by the appellees against the appellant and one Bane, upon a promissory note purporting to have been made by the defendants and others, and payable to the testator. Bane did not answer, and judgment was rendered against him by default. ■ Upton answered in abatement, that the plaintiffs were not executors, &c., appointed under the laws of this State, and if appointed elsewhere, had never filed an authenticated copy of their letters testamentary in the court where the suit was pending. This answer was, on motion of the plaintiffs, stricken out as frivolous. He then answered in…