Massachusetts Supreme Judicial Court, 1808

Grout v. Chamberlin

Grout v. Chamberlin
Massachusetts Supreme Judicial Court · Decided November 15, 1808
4 Mass. 613

Grout v. Chamberlin

Opinion of the Court

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.

*538For 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.]

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