Way v. Carey

Radcliff, J.,

now delivered their opinion. This is a case on certiorari to a justice’s court. The error assigned *257is, that the plaintiff below sued in the capacity of administrator, and that the justice had no jurisdiction to try any action in which an administrator is a party. The question was submitted by consent without argument.

In the case of Wells v. Newkerk, Executor of Persen, this point was decided against the jurisdiction of the justice. We considered the act from which he derived his authority as applicable only to cases in which the parties appeared in their own right, and not to…