Mattingly's Heirs v. Corbit
Court of Appeals of Kentucky
Appear from the Marion Circuit. Chancery, Case 102-. That a party has is°a1goodIgroun<í rosdio'tion^6 ^u" suit at law for in maintainable mentaUawadg" A reference to the report of the settlement of an administration account, necessarily implies a reference to the vouchers accompanying the report.
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Appear from the Marion Circuit. Chancery, Case 102-. That a party has is°a1goodIgroun<í rosdio'tion^6 ^u" suit at law for in maintainable mentaUawadg" A reference to the report of the settlement of an administration account, necessarily implies a reference to the vouchers accompanying the report. A surety, according to the statute of 1838, (3 St. Law, 559,) is not released until the lapse of seven years after the eause of action ^accrued, or 5 years upon contracts executed after the passage of the act, tho’ seven years may have elapsed from the time the cause of action accrued before the…
1Opinion of the Court
Judge Brecis.
delivered tlic opinion of the Court.
In answer to the objection to the jurisdiction of a Court of equity in this case, it may be remarked, that the ^act ^at Simeon Mattingly, the administraror or former acl in i ais trator of Mary Mattingly, had become a non-rcsideut, is alone deemed sufficient ground upon which to rest the jurisdiction. Corbit, who held the note upon Simoon anc^ Mary Mattingly, could obtain no judgment thereon at law, against Simeon, as administrator, with■out'wbich lie could not proceed upon the administration ■bond against Vancleve, the surety, for a…
2Cases cited1 opinion
- Wells v. Bowling's HeirsCourt of Appeals of Kentucky · 1834
3Cited by1 opinion
- Lamb v. FarrellUnited States Circuit Court · 1884