Curle v. Moor

31 Ky. 445, 1 Dana 445, 1833 Ky. LEXIS 120

Opinion

Chief Justice Robertson

deliverer! the Opinion of the Court— in which Judge Nicholas did not concur.

As the plea in this case may he deemed a plea in bar, though not sufficient as a plea in ahátement, and as the matter pleaded may, if available at all, bar the action in this state — the only question for consideration, is the matter of the plea ; and that is, whether a foreign administrator, who was never qualified in this state, is liable, as administrator, to an action at law in any court of this commonwealth. It is the opinion of a majority of the court, (Judge Nicholas dissenting,) that he is not liable to such a suit, according to the common law, or in virtue of any statutory modification of it. And that, if ^íere he any remedy against him here, it is a suit in chancery, on appropriate facts shewing a right in equity to maintain a suit.

Wherefore, as the opinion accords with that of the circuit court, the judgment which this writ of error seeks to reverse, must be affirmed.