Johns v. Herbert
District of Columbia Court of Appeals
Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, sustaining a demurrer to and dismissing a bill against an executor for an accounting. The Court in its opinion stated the case as follows: This is an appeal from a decree sustaining a demurrer to appellant’s bill.
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Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, sustaining a demurrer to and dismissing a bill against an executor for an accounting. The Court in its opinion stated the case as follows: This is an appeal from a decree sustaining a demurrer to appellant’s bill. The complainants, John Johns, Jr., Arthur Johns and Maria M. Johns, are grandchildren and legatees of John Johns, deceased, and reside in the District of Columbia. Defendant, Arthur Herbert, is alleged to reside in Fairfax county, Virginia, and is sued in…
1Opinion of the CourtJustice Shepard
1. The demurrer seems to have been sustained upon the ground that as the defendant Herbert is an executor appointed by the court of Fairfax county, Virginia, where the will was admitted to probate) he cannot be sued as such and brought to an accounting in this court, simply because he may be found in this jurisdiction. It is an established principle of law that an executor or administrator cannot be sued in another jurisdiction than that in which the administration of the. estate is depending, for an accounting, or for acts involving the administration of the estate, or the assets thereof in…
2Cases cited7 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Duncan v. JaudonSupreme Court of the United States · 1873
- McBurney v. CarsonSupreme Court of the United States · 1879
- Bowker v. PierceMassachusetts Supreme Judicial Court · 1881
- Marshall v. MeansSupreme Court of Georgia · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tibble v. Edison Int'lSupreme Court of the United States · 2015
- Corcoran v. RockwellDistrict of Columbia Court of Appeals · 1979
- Taunt v. Coenen ex rel. Estate of Coenen (In re Trans-Industries, Inc.)United States Bankruptcy Court, E.D. Michigan · 2015