Dale v. Roosevelt
Court for the Trial of Impeachments and Correction of Errors
Charles Augustus Dale having intermarried with Harriet Fulton surviving executrix of Robert Fulton, deceased, .who died after a judgment against herns .such ex ' " ’ * : i ' • ecutrix at the suit of Nicholas I. Roosevelt in .the supreme court, brought error; and had assigned errors as ad ministrat0r de bonis non of Fulton, without making a proferí of ¡the -letters of administration.
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Charles Augustus Dale having intermarried with Harriet Fulton surviving executrix of Robert Fulton, deceased, .who died after a judgment against herns .such ex ' " ’ * : i ' • ecutrix at the suit of Nicholas I. Roosevelt in .the supreme court, brought error; and had assigned errors as ad ministrat0r de bonis non of Fulton, without making a proferí of ¡the -letters of administration. The judgment was against the executrix, with an award .of execution against her of the goods and chattels of the testator, &c., in the hands of the executrix; and if she had not, &c., then the costs de bonis…
1Opinion of the Court
Johes, Chancellor,
in delivering his opinion, spoke substantially as follows : One branch of this motion is to the writ of error, upon the ground that it is not sustainable by Dale, the administrator de bonis non ; and the reason assigned is, that there is a want of privity between him and Mrs. Fulton, the executrix.
0f the motion quash writ,
The judgment is against the assets of the testator. The administrator represents the estate; and would, therefore, seem, upon principle, to be the proper party forredressing any errors which may have intervened. The judgment, if it remain, will be…
2Cases cited3 opinions
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
- Wilson v. Codman'sSupreme Court of the United States · 1805
- Salmon v. PixleeSupreme Court of Connecticut · 1806
3Cited by10 opinions
- Belden v. . MeekerNew York Court of Appeals · 1872
- McIntyre v. SholtyIllinois Supreme Court · 1891
- Sibley v. . WaffleNew York Court of Appeals · 1857
- Fairchild v. House ex rel. KnightSupreme Court of Florida · 1882
- Caulkins v. . BoltonNew York Court of Appeals · 1885
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