Hill v. Henderson

Citations

• 21 Miss. 688

Syllabus

<p>The statute of this state, which provides that an executor or administrator shall not be chargeable beyond the assets of the testator or intestate, by reason of any omission or mistake in pleading, applies as well to executors de son tort as to rightful exeoutors.</p> <p>In an action, therefore, against an executor de son tort, who has omitted to plead plene administravit, it is error to take a judgment against him to be levied of the goods and chattels of the testator and unadministered; and if none, then of his own proper goods and chattels; the judgment should be as in the ordinary form against rightful executors.</p> <p>Where a cause is instituted in the state court by a citizen of this state against a non-resident, and the latter apply according to the act of Congress for its removal to the United States court, and on its being refused, appeals to this court, which requires it to be done on the execution of the proper bond, and upon the return of the case to the state court, the non-resident omit to give the bond, the state court will have jurisdiction to go on and try the case.</p>