Jones v. Jones' Heirs
Texas Supreme Court
Error from Fayette. Suit by the plaintiff in error against the defendants in error on a judgment of the Circuit Court of' Washington county, in the State of Missouri.
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Error from Fayette. Suit by the plaintiff in error against the defendants in error on a judgment of the Circuit Court of' Washington county, in the State of Missouri. It appeared that suit was originally commenced by the present plaintiff against the ancestor of the defendants, in the State and County aforesaid, in 1839, where the defendants’ ancestor then resided, on an open account; that the defendants’ ancestor was duly served with process ; that in 1840 he removed to Texas, and died in 1846; that in 1847, the suit was revived against an administrator of the said ancestor, appointed in…
1Opinion of the CourtWheeler, J.
The principal question presented by the record, is, whether an action will lie against the heirs and distributees of the estate of one who resided here at the time of his death, and whose estate was administered here, upon a judgment recovered abroad against a foreign ancillary administrator of the same estate.
Judge Story in his Conflict of Laws lays it down, that, ‘‘ Where administrations are granted to different persons in ‘‘ different States, they are so far deemed independent of each “ other, that a judgment obtained against one, will furnish no “ right of action against the other, to…
2Cases cited1 opinion
- Brodie v. BickleySupreme Court of Pennsylvania · 1830
3Cited by13 opinions
- Faulkner v. ReedTexas Commission of Appeals · 1922
- Collamore v. WilderSupreme Court of Kansas · 1877
- Hare v. PendletonCourt of Appeals of Texas · 1919
- Cherry v. SpeightTexas Supreme Court · 1866
- Reily v. HareTexas Commission of Appeals · 1926
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