Hader v. Eastman

Bell, Chief Judge.

The plaintiff brought this suit for damages against the defendant in his capacity as the administrator of a decedent’s estate. Defendant in writing simultaneously acknowledged service of the complaint and waived the twelve months exemption from suit afforded an administrator by Code § 113-1526. The defendant in his answer attempted to revoke the waiver. The trial court denied defendant’s motion to dismiss on the ground of revocation of the waiver and certified the denial for direct appeal. Held:

Submitted September 8, 1971 Decided October 5, 1971. Perry, Walters, Langstaff,…