CARSON v. HOOD'S EX'RS, 4 U.S. 108 (1790)

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U.S. Supreme Court

CARSON v. HOOD'S EX'RS, 4 U.S. 108 (1790)

4 U.S. 108 (Dall.)

Hood's Executors.

Supreme Court of Pennsylvania.

April Term, 1790

DEBT. Plea, nil debet. The principal point in this case was, whether debt would lie against executors, on a simple contract of the testator?

Bradford, for the plaintiff, stated the rule to be, that if the executors demur to the action, they are entitled to judgment; but, if they plead to issue, they cannot, afterwards, make the objection: and the following authorities were cited to maintain the distinction. Cro. E. 600. 557. Cro. C. 187. Cro. E. 121. 1 And. 182. Golds. 106. Leon. 165. Vaugh. 99. 1 Sid. 333. Plowd. Rep. 182. Palm. 32. Cro. E. 435. 459. Yelv. 56. 1 Lev. 200. 1 Vent. 139. Vaugh. 97.


The COURT, being unanimously of this opinion, gave judgment, for the plaintiff: having, on a preliminary point, decided, that after a verdict, they will presume, every thing was done, at the trial, which was necessary to support the action, unless the contrary appeared upon the record. 3 Burr. 1725. 1729. 1 Wils. 225. 2 Stra. 1180.

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