Louisville & Nashville Railroad v. Brantley's Adm'r
Court of Appeals of Kentucky
Case 47 — PETITION ORDINARY — APPEAL li’ROM 'CHRISTIAN CIRCUIT COURT. 1. The plaintiff has no standing in court without exhibiting his letters testamentary. The record which he files with his petition fails to show his appointment as administrator, and for this reason the demurrer should have been sustained.
Read the full summary
Case 47 — PETITION ORDINARY — APPEAL li’ROM 'CHRISTIAN CIRCUIT COURT. 1. The plaintiff has no standing in court without exhibiting his letters testamentary. The record which he files with his petition fails to show his appointment as administrator, and for this reason the demurrer should have been sustained. (Caulfield v. Bullock, 18 B. M., 498; Gen. Statutes, chap. 39, art. 2, sec. 44.) 2. A foreign administrator has no right to come into this State and sue for personal injury to his decedent. He can sue only for “ debts due” the decedent, which does not include a claim for unliquidated…
1Opinion of the Court
JUDGE BKYOR
delivered the opinion of the court.
Bluford B. Brantley, as the administrator of John L. Brantley, deceased, states, in substance, that the decedent departed this life in July of the year 1891; that he was appointed and qualified as the administrator of his estate by order of a court of competent jurisdiction in the State of Indiana, it being the State where the decedent resided at his death and where the plaintiff now resides. He then files what purports to> be a copy of the letters of administration, &c. He further alleges that the decedent lost his life while in the service of…
2Cases cited12 opinions
- Noonan v. BradleySupreme Court of the United States · 1870
- Wilkins v. EllettSupreme Court of the United States · 1883
- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806
- Berkshire v. ShultzIndiana Supreme Court · 1865
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Klopstock v. Superior CourtCalifornia Supreme Court · 1941
- In Re Estate of MayoSupreme Court of South Carolina · 1901
- Hall v. Southern R. R. Co.Supreme Court of North Carolina · 1908
- Anthes v. AnthesIdaho Supreme Court · 1912
- Bancamerica-Blair Corp. v. State Highway CommissionCourt of Appeals of Kentucky (pre-1976) · 1936
24 more not listed; retrieve them via the Exa API.