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CARSON v. HOOD'S EXECUTORS

U.S. Supreme Court
Apr 1, 1790
Judgment
Subsequent
References
CaseIQ
Case Information
CITATION CODES
citation codes
Attorney(S)

Bradford, for the plaintiff, stated the rule to be, that if the executors demur to the action, they are entitled to judgment

but, if they plead to issue, they cannot, afterwards, make the objection:

the following authorities were cited to maintain the

E. 600. 557.

C. 187.

E. 121. 1

182.

106.

165.

99. 1

333.

182.

32.

E. 435. 459.

56. 1

200. 1

139.

97.

ACTS

No Acts

See more information ... Less ...

DEBT. Plea, nil debet. The principal point in this case was, whether debt would lie against executors, on a simple contract of the testator?

The COURT, being unanimously of this opinion, gave judgment, for the plaintiff: having, on a preliminary point, decided, that after a verdict, they will presume, every thing was done, at the trial, which was necessary to support the action, unless the contrary appeared upon the record. 3 Burr. 1725. 1729. 1 Wils. 225. 2 Stra. 1180.

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