Hamilton v. Levy

Citations

• 41 S.C. 374
• 19 S.E. 610
• 1894 S.C. LEXIS 111

Syllabus

<p>1. Another Action — Evidence.—Where the record in a subsequent action is introduced as testimony in a prior action between the same parties as to the same matters, its consideration cannot be objected to by the party who introduced it, nor could it affect the right of the court to adjudicate upon the issues in the cause on trial.</p> <p>2. Administratrix — Marriage by a feme sole administratrix does not operate to revoke the letters of administration in this State, nor, as the evidence shows, in Georgia.</p> <p>3. Ancillary Administration Bond. — Where money of an estate is paid over to an ancillary administratrix in this State (who was also administratrix of the domicile), under her bond, taken by order of the Court of Common Pleas, conditioned to administer the fund according to law, and account to that court for such administration, the condition is fulfilled where she shows that there were no creditors in this State, and that the money has been paid out to creditors of the domicile.</p> <p>4. Ibid.. — Ibid.—And further moneys being in the hands of the court, the court' may direct such moneys to be turned over to this administratrix upon her satisfying the master that she has given proper security to the ordinary of the domicile for its due administration, there being unpaid debts there and none here.</p>