White v. Pulley
United States Circuit Court
At Law. On demurrer and merits. The complaint in this case was as follows: “.Elizabeth E. White, the plaintiff, a citizen and a resident of the state of Illinois, by attorney, complains of the defendant, Robt.
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At Law. On demurrer and merits. The complaint in this case was as follows: “.Elizabeth E. White, the plaintiff, a citizen and a resident of the state of Illinois, by attorney, complains of the defendant, Robt. L. Pulley, a citizen of Alabama, residing in said Northern district, summoned,” etc., “of a plea of trespass on the case: “For that whereas, heretofore, to-wit, on and before the twenty-fourth day of May, A. D. 1879, plaintiff, by appointment in due form of law in the probate court of Madison county, in the state of Alabama, was elected and appointed to be the administratrix of the…
1Opinion of the CourtPardee, J.
The question raised by the demurrer as to the plaintiff’s right to maintain this action has been one of difficulty, because the declaration contains the unnecessary-statements that plaintiff, as administratrix of the estate of Michael White, lias, except as otherwise appears, filed her final account of administration, and that plaintiff is the sole distributee of the said estate. The learned counsel for defendant have plausibly assumed that plaintiff was suing in the capacity of distributee for an alleged conversion suffered in her capacity as administratrix, and have contended that the suit…
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- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
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