Lander v. Smith

The plaintiff, describing Mmself as a resident of the state of Kentucky, and administrator of Elizabeth Dunnington, deceas*319ed, declares upon a judgment obtained by Mm as sneh administrator against the defendant, in the state of Kentucky, on the 16th day ®£ May, 1856. To tMs complaint the defendant demurs, upon the ground that the plaintiff has no right to administer the assets for which he is suing. This is the effect of the demurrer, although the defendant expresses Ms objection by saying that the plaintiff has no capacity to sue.

I have been a good deal embarrassed by the question raised on…