TaiLexi AI U.S. Case Law

Sabin v. Gilman

HENRY SABIN, ADMINISTRATOR OF A. DORMAN, versus COTTON GILMAN

Sabin v. Gilman, 1 N.H. 193 (1818)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Superior Court of New Hampshire · State Trial Courts
Decided
September 15, 1818
Citations
1 N.H. 193
Headnotes
One who has obtained letters of administration under the authority of another state, cannot prosecute an action in this state by virtue of such letters of administration.
Summary
THIS was an. action of assumpsit. The defendants pleaded in abatement that administration of the goods and estate of the said A. Dorman had never been granted to the plaintiff. To this the plaintiff replied, that the said A. Dor-man at the time of his death was an inhabitant of, and had his residence in, the state of Connecticut, where administration of his goods and estate had been duly granted to the plaintiff. To this replication there was a general demurrer and joinder.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per curiam.

It has long been settled, in this state, that neither an executor nor an-administrator can prosecute an action in our courts by virtue of letters granted to him under the authority of another state. 3 Mass. Rep. 514 , Goodwin vs. Jones. — 1 Cranch 259 , Fenwick vs. Sears, admin *194 istrator. — 3 Cranch 319 , Dixon’s Executors vs. Ramsay’s Executors. The replication is insufficient, and the .defendant is entitled to judgment.

Judgmen t for the defendant.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1840–1841: 11850–1851: 118402026peak 1840 · 1

Relies on it most ⓘ

  1. Willard v. Hammond21 N.H. 382 (1850)
  2. Goodall v. Marshall11 N.H. 88 (1840)

Most recent

  1. Willard v. Hammond21 N.H. 382 (1850)
  2. Goodall v. Marshall11 N.H. 88 (1840)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Goodwin v. Jones, 3 Mass. 514 (1807) 47
Dixon's Executors v. Ramsay's Executors, 7 U.S. (3 Cranch) 319 (1806) 43
Fenwick v. Sears's Administrators, 5 U.S. (1 Cranch) 259 (1803) 29

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list