Grout v. Chamberlin

4 Mass. 613

• Court: Massachusetts Supreme Judicial Court
• Decided: November 15, 1808
• Status: Published

Opinion

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.

For 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.]