Jewett v. Jewett
Massachusetts Supreme Judicial Court
In this action, which was to recover a debt due from the estate of the defendant’s intestate, the defendant at the Court below pleaded the following plea in bar. * “ And now the said Betsey comes and defends, &c., [ * 276 ] when, &c., and protesting that at the time of the service of the original writ in this cause, she had no goods, effects or credits of the said Caleb in her hands to be administered, for plea she prays judgment if the plaintiff his action aforesaid thereof…
Read the full summary
In this action, which was to recover a debt due from the estate of the defendant’s intestate, the defendant at the Court below pleaded the following plea in bar. * “ And now the said Betsey comes and defends, &c., [ * 276 ] when, &c., and protesting that at the time of the service of the original writ in this cause, she had no goods, effects or credits of the said Caleb in her hands to be administered, for plea she prays judgment if the plaintiff his action aforesaid thereof against her ought to have and maintain, because she says that since the commencement of the plaintiff’s action against…
1Opinion of the Court
*213The action was continued nisi, and the opinion of the Court was delivered at the following September term at Lenox, by
Parsons, C. J.
By the statute of 1783, c. 24. 4 19., the judge of probate is authorized, in certain cases there mentioned, to remove an administrator from his office, although he has been duly appointed.
On the decease of Caleb Jewett, the defendant was duly appointed administratrix on his goods and estate. This action was then sued against her, to recover a debt due from the intestate. Pend ing the action, the judge of probate removed the defendant from the office and trust of…
2Cited by7 opinions
- United States v. HoarU.S. Circuit Court for the District of Massachusetts · 1821
- Broughton v. BradleySupreme Court of Alabama · 1859
- Ponder v. MoseleySupreme Court of Florida · 1848
- Thomas v. RiegelSupreme Court of Pennsylvania · 1835
- Moore v. PhilbrickSupreme Judicial Court of Maine · 1850
2 more not listed; retrieve them via the Exa API.