Supreme Court of the United States, 1803

Fenwick v. Sears's Administrators

Fenwick v. Sears's Administrators
Supreme Court of the United States · Decided February 25, 1803
5 U.S. 259 (United States Reports)

Counsel

Mason, for plaintiff in error., Simms and C. Lee, for defendants., Simms, for defendants in error. , C. Lee, on the same side., Mason in reply.

Fenwick v. Sears's Administrators

Opinion of the Court

The Court

gave the following judgment.

“ It is decreed by the court that the defendants Stricker “ and Payson, not having obtained letters of administration “ in the district of Columbia, were not competent to main " tain this action; and that the circuit court of the “ United States in and for the said district erred in over- “ ruling the demurrer. It is therefore considered by the “ court, that the judgment of the said circuit court, on “ the said demurrer, be, and the same is hereby reversed, “ and that judgment thereon be rendered for the defend- " ant in the original action.”*

The reporter was not in court when this judgment was entered, but he has understood that the court did not assign the reasons upon which their opinion was grounded; and gave no opinion upon the other points. See Evans on bills, 67, 68, 69, 70, & 71, as to notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.