Legal Opinion

Savage v. Meriam

Indiana Supreme Court

Decided May 9, 1822PublishedCited by 7 opinions

APPEAL from the Martin Circuit Court. — Debt on a writing obligatory payable to the plaintiffs, as administrators of the estate of Prentiss, deceased. The defendants demurred specially to the declaration, and showed for cause, that there was no profert of the letters of administration. Judgment on the demurrer in favour of the defendants.

1Per curiam

The judgment is reversed, with costs. Cause remanded for further proceedings (1).

There was no occasion for the plaintiffs, in this case, to describe themselves as administrators: they might have sued in their own right; and, therefore, profert of the letters was unnecessary. So, in an action on a judgment Obtained by the plaintiff as administrator, he need not make profert of the letters of administration. And if he names himself as administrator, it may be rejected as surplusage. The reason is, the judgment is considered a debt due to the plaintiff in his personal capacity, and he may…

2Cases cited2 opinions

  1. Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
  2. Biddle v. WilkinsSupreme Court of the United States · 1828

3Cited by7 opinions

  1. Sedgwick v. TuckerIndiana Supreme Court · 1883
  2. Bohr v. NeuenschwanderIndiana Supreme Court · 1889
  3. Riddle v. Hill's AdministratorSupreme Court of Alabama · 1874
  4. Lawrence v. VilaWisconsin Supreme Court · 1866
  5. Oliver v. TownsendSupreme Court of Iowa · 1864

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