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Curia. We are of opinion that the plea is bad, because a judgment recovered by an executor cannot be executed by the adminis trator de bonis non cum testamento annexa, but is become ineffectual, and the second administrator may maintain a new action.
*538 For the authorities in this case, we refer to the opinion of the Court in the case of Grout vs. Chamberlin, in Error; the two cn»es resting for decision on the same principles,(a) [Vide note to Grout vs. Chamberlin, ante. Ed.]
Document Info
Filed Date: 11/15/1808
Precedential Status: Precedential
Modified Date: 10/18/2024