Eells v. Holder
United States Circuit Court
1Opinion of the CourtMcCrary, C. J.
The complainants sue as administrators of the estate of Stillman Witte, who died intestate in' the state of Ohio, in which state the complainants were appointed administrators.
*669The respondent demurs to the bill upon the ground that the complainants cannot sue in this state in virtue of a grant of administration in Ohio. In the absence of a statutory provision, it is clear that an administrator cannot sue outside of the state in which he is commissioned. Dixon’s Ex’rs v. Ramsey’s Ex’rs, 3 Cranch, 519; Fenwisk v. Sears, 1 Crunch, 259; Noonan v. Bradley, 9 Wall. 394.
The statute of Kansas,…
2Cases cited3 opinions
- Case of the State Tax on Foreign-Held Bonds. Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
- Noonan v. BradleySupreme Court of the United States · 1870
- Wilkins v. EllettSupreme Court of the United States · 1870
3Cited by5 opinions
- Manley v. ParkSupreme Court of Kansas · 1901
- Board of Council v. Fidelity Trust & S. V. Co.Court of Appeals of Kentucky · 1901
- Dewey v. BarnhouseSupreme Court of Kansas · 1907
- McElroy v. Security National Bank of Kansas City, KansasDistrict Court, D. Kansas · 1963
- Lusk's Adm'rs v. KimballU.S. Circuit Court for the District of Western Virginia · 1898