Helm v. Vleet
Indiana Supreme Court
ERROR to the Fayette Circuit Court; — Debt. The declaration commenced as follows: Abram Van Vleet, administrator, &c. of James Scott, deceased, &c. complains of Robert D. Helm and Samuel Helm, &c. of a plea that they render to the said Abram, administrator as aforesaid, the sum, &c.
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ERROR to the Fayette Circuit Court; — Debt. The declaration commenced as follows: Abram Van Vleet, administrator, &c. of James Scott, deceased, &c. complains of Robert D. Helm and Samuel Helm, &c. of a plea that they render to the said Abram, administrator as aforesaid, the sum, &c. The cause of action was a writing obligatory, by which the defendants below promised to pay Abram Van Vleet, administrator of the estate of James Scott, deceased, the sum of 130 dollars and 50 cents. The capias was returnable on the 14th of.March, 1825, and appeared by the sheriff’s return to have been executed on…
1Opinion of the CourtScott, J.
This judgment is complained of on two grounds: first, because the plaintiff, in his declaration, styles himself administrator, and sets out a contract made' with himself; and, secondly, because the capias was served on both defendants, and the judgment is against one only, no notice being taken of the other. The first point presents but little difficulty. If an administrator change the nature of a debt, originally due to the intestate, by a contract made with himself, he must sue for the new debt in his own name, and not in his representative character. 3 Bos. & Pull. 10. — 1 T. R. 489. — 7…
2Cases cited1 opinion
- Barton v. Petit and BayardSupreme Court of the United States · 1812
3Cited by2 opinions
- Speelman v. CulbertsonIndiana Supreme Court · 1860
- Casto v. EvingerIndiana Court of Appeals · 1897