McEldery v. McKenzie
Supreme Court of Alabama
This was an action of assumpsit, in the Circuit Court of Morgan against McEldery and Chapman, executors of Goodhue's estate. The cause of action declared on, was work and labor for the estate of Goodhue, performed at the instance of the executors. McEldery alone appeared, and plead “ non-assump-sit and set off,” and a judgment was rendered against both executors, cle bonis testatoris.
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This was an action of assumpsit, in the Circuit Court of Morgan against McEldery and Chapman, executors of Goodhue's estate. The cause of action declared on, was work and labor for the estate of Goodhue, performed at the instance of the executors. McEldery alone appeared, and plead “ non-assump-sit and set off,” and a judgment was rendered against both executors, cle bonis testatoris. On trial, the Court charged the jury, that if they believed the work and labor was beneficial to' the estate, it was chargeable to the defendants below, in their representative capacity as executors, and not to…
1Opinion of the Court
By Mr. Justice Hitchcock.
Murdoch M. • McKenzie brought an action of as-sumpsit, in the Circuit Court of Morgan county, against Thomas McEldery and Reuben Chapman, executors of William S. Goodhue, and declared against them for work and labor done by him for them as executors of said estate, at their instance and request, in and about the settlement of the estate of the said Goodhue. The declaration avers a liability, and super se assump-sit, in the common form. McEldery pleaded in short, “ non-assumpsit, and set-off,” to which there was a replication and issue, in short. The cause was tried at…
2Cited by4 opinions
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