A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts

A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1835. Excerpt: ... well as taking and carrying away the goods of their testator or eB'" intestate. past for wasting 8"nd dcsiroy ing, &c Miller V. Umbehower, 10 Sergt. & Rawle's Penn. Rep. 31; Lattimore V. Rogers, 13 ib. 183; Carlisle V. BurLey, 3 Grecnl. Me. Rep. 250; Hutchins V. Adams, 3 ib. i74; 4 Mass. Rep. 480. An executor has no right to ari action for an injury to the per-Jf"'r son of the testator; as for a battery, imprisonment, or the like; right or ac nor for a breach of promise of marriage, where no special da-f'TMJ." _ mage is alleged; but trespass de bmiis axportutis, and trover, and "'n"J(h replevin may be commenced and maintained by the executor or ihetcsiutor. administrator of the owner of goods against a tortfeasor. See No. 1. 7. 9. Holmes V. Moore, 5 Pickg. Mass. Rep. 257; 1 Little's Ky. Rep. 169. Case for diverting a water course dies with the person. ve'ine" Putnam, J. At common law, before the stat. of Edw. 4. c. 7. 'e;-, dies no action could be maintained by an executor for a tort done to lIiepct the person or property, real or personal of the testator. That st. pave executor an action of trespass for goods carried away in the life-time of the testator; and by an equitable construction it has been held to give a remedy for any wrong to personal property; and this construction has been adopted in Massachusetts. But injuries to the person and freehold remains as at common law. - 10. Baker V. Baker, Feb. T. 1826, 5 Cowen's N. Y. Rep. 267; Hutchins v. Adams, June T. 1824, 3 Greenl. Me. Rep. 174; ib. 2c0; Browning V. Buff, 2 Bailey's S. Ca. Rep. 174. An executor or administrator may maintain trespass tor an But ho may injury to personal property committed after the death of the in-'(""'p-ifor testate, and before administration granted. If the ...
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Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1235678172
  • 9781235678172