Daniel v. Daniel's Administrator

Judge Marshall

delivered the Opinion of the Court.

This was an action of assumpsit brought by Jesse Daniel, as administrator.of Beverly Daniel, against Henry Daniel; and, by consent, the same defence was relied on, “by plea or otherwise,” as in the action of covenant then pending between the same plaintiff in his own right and Henry Daniel, and which has just been decided.

At the September tei’m, 1835, of the Montgomery Circuit Court, the cause, by consent, was referred (as the order then entered in the order book states,) to Richard Apperson and Levi Y. Millspaugh, to be heard and decided at…