Collins v. Ayers
Illinois Supreme Court
This was an action of debt based upon a note and account. The declaration is in the usual form, except that the plaintiff, being an administratrix of St. Louis county, State of Missouri, makes proferí of her letters issued by the County Court of said county.
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This was an action of debt based upon a note and account. The declaration is in the usual form, except that the plaintiff, being an administratrix of St. Louis county, State of Missouri, makes proferí of her letters issued by the County Court of said county. The defendant craved oyer of said letters, and filed a plea in abatement, setting out the letters and the certificates of authentication; and saying that said certificates were insufficient in not stating that the letters were granted in pursuance of the laws of the State of Missouri. To this plea there was a demurrer, and the court…
1Opinion of the CourtTreat, C. J.
Adaline Collins, as administratrix of Charles Collins, brought an action of debt against Ayers. The declaration was in debt, in a promissory note made by the defendant to the plaintiff’s intestate. The plaintiff made profert of letters of administration, obtained in the State of Missouri. The defendant craved oyer of the letters, and pleaded, in abatement of the action, that it did not appear by the authentication thereof, that they were granted in pursuance of the laws of Missouri. The court sustained a demurrer to this plea. The defendant then craved oyer of the letters, and of the…
2Cited by7 opinions
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- Foster v. AdlerAppellate Court of Illinois · 1899
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