Moore v. Kraft

Citations

• 179 F. 685
• 103 C.C.A. 231
• 1910 U.S. App. LEXIS 4690

Syllabus

<p>X. Executors and Administrators (§ 524*) — Pleading (§ 35*) — Action bv Administrator — Merger of Original Cause of Action.</p> <p>While an administrator cannot be authorized by the court which appointed him to sue in another state on a cause of action belonging to his intestate, where he has sued thereon in the state of his appointment and obtained a judgment, the original cause of action in favor of his intestate is merged therein, and a new cause of action arises in favor of the administrator, on which he may sue in his own right in any state where the debtor is found, and the addition of his title as administrator in the declaration is a mere description, which may be rejected as surplusage.</p> <p>[Ed. Note. — For other cases, see Executors and Administrators, Cent. Dig. i§ 2330-2343; Dec. Dig. § 524;* Pleading, Cent. Dig. § 79; Dec. Dig. § 35.*]</p> <p>2. Judgment (§ 822*) — Action on Judgment — Defenses—Matters Concluded bt Former Adjudication.</p> <p>Where tbe principal administrator of an estate was sued personally in another state, by an administrator there appointed for the same intestate, as a debtor of tbe estate, and appeared and defended, a judgment there rendered against him is conclusive as to all defenses lie made or could have made therein, and such matters cannot be again litigated in an action against him on the judgment in the state of his residence.</p> <p>[Ed. Note. — For other cases, see Judgment, Cent. Dig. § 1500; Dec. Dig. § 822.*]</p>