Hare v. O'Brien

Citations

• 233 Pa. 330
• 82 A. 475
• 1912 Pa. LEXIS 825

Syllabus

<p>Executors and administrators — Foreign administrator — Ancillary administrator — Foreign judgment — Foreign attachment — Conflict of laws— Act of March 15,1832, P. L. 135.</p> <p>1. A domiciliary administrator may sue in his own name in another state on a judgment recovered by him in his representative capacity in the state of the domicile.</p> <p>2. Where a domiciliary administrator in another state brings in the court of the domicile a foreign attachment against a citizen of Pennsylvania, and the defendant appears by counsel and contests the case, and judgment is entered against him, the domiciliary administrator may bring a suit on such judgment against the defendant in Pennsylvania, and it is immaterial that such suit be instituted in his representative character as his official title is surplusage and may be disregarded; and in such a ease it is also immaterial that an ancillary administrator had already been appointed in Pennsylvania before the suit on the judgment was brought. The ancillary administrator under such circumstances cannot sue on the judgment inasmuch as he is not a party to it, nor in privity with the foreign administrator; nor can he sue on the original debt, inasmuch as the debt was merged in the foreign judgment which barred a new action.</p>