Hogate's Pleading and Practice; A Treatise on the Law of Pleading and Practice Under the Indiana Code of Civil Procedure, with Reference to the Most Recent Amendments Thereto and in the Light of All the Adjudicated Cases Volume 1

Hogate's Pleading and Practice; A Treatise on the Law of Pleading and Practice Under the Indiana Code of Civil Procedure, with Reference to the Most Recent Amendments Thereto and in the Light of All the Adjudicated Cases Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...evidence necessary to establish his right!" If the complaint states that the plaintiff sues as the administrator of an estate, it Wlll sulficiently show the character in which he sues, although there is no allegation as to the death of the decedent or the issuing of letters of administration)" Profert of the letters do not have to be made Wltll the complaint, and to a. plea in abatement denying the cap&C1l3Y In which he sues, the letters themselves, or certified transcripts of the same will be conclusive evidence of the authority of the person to maintain the suit?" '_ A foreign executor stands on the same footing as a domestic one. His capacity to sue cannot be called in question by demurrer, 'but 8 duly authenticated copy of his letters being produced and filed 1n the court in which the suit is brought, shall be sufficient evidence of h15 due appointmentfl" His right to maintain the suit can only be q1195' tioned by a plea in abatement. So by the statute a foreign guardian may sue in this state if he file an authenticated copy of his appointment in the olfice of the clerk of the circuit court of the county where the ward has personal assets;"" but a demurrer for want of facts will not raise the right of a foreign guardian to sue without filing such authenticated_00P)' Of his letters?" The question evidently must be raised by plea III abate copy of his letters is a condition suit, and does not go to the Q1195' tion of his legal capacity. If he do not plead in abatement the nonperformance of the condition precedent it would be deemed waived. ' 487. Right of foreign corporation to sue.--The statute provides that a foreign corporation shall not enforce, in any court of this...show more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236979710
  • 9781236979711