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· 3/26/1898

Waldo v. Milroy

Citations

  • 19 Wash. 156
  • 52 P. 1012
  • 1898 Wash. LEXIS 342

Syllabus

<p>ANCILLARY ADMINISTRATION — NECESSITY FOR — ACTION ON NOTE BY ASSIGNEE —EVIDENCE —PLEADING.</p> <p>The assignee of a foreign administrator may maintain an action in the courts of this state, although, no administration has been had in this state upon that portion of the decedent’s estate situated here.</p> <p>In an action in the courts of this state by an assignee of a promissory note and mortgage, which had been assigned to him by a foreign administrator, the record of the foreign court showing the appointment of plaintiff’s assignor as administrator is admissible in evidence.</p> <p>The objection that the complaint In an action by the assignee of a foreign administrator does not sufficiently plead tihe proceedings had in the probate court of another state should be urged in form of a motion to make the complaint more definite, and not by demurrer.</p>

Judges: Cordon

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