Falkner v. Folsom's Executors
Cases that cite this one
2 later published cases cite this decision.
- Lloyd v. Hoo Sue (United States District Court for the District of California 1878)
- Corbett v. Rice (Nev. 1866)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
This case differs from that of Ellissen v. Halleck et al. at this term, in that the claim of the complainants was duly presented to the executors, and duly allowed by them and by the Probate J udge. This gave to the claim all the virtues and properties which a judgment against executors can have under our system. This is apparent from the language of § 140 of the Act to regulate the settlement of estates, which provides that the effect of a judgment against an executor, etc., shall be only to establish the claim in the same manner as if it had been allowed by the executor and the Probate Judge, etc.
There was, then, no necessity for this suit, and the judgment rendered can give the complainants no. greater rights nor better security than they had before.
The policy of the law against burdening an estate with unnecessary
The judgment is reversed, and the bill dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.