The Weekly Law Bulletin Volume 43

The Weekly Law Bulletin Volume 43

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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. 1900 edition. Excerpt: ...or administrator. (Decided February 20, 1900.') Error to the Circuit Court of Scioto county. The plalntlfl below as a judgment creditor commenced an action in the common pleas against his debtor, John W. Overturf, and others, to have applied to the payment of his judgment the; fees, commissions, etc., of Overturf as-executor of certain estates, ' on the fground of the latter's insolvency, and his inability to have satisfaction of his judgment. The case having been ap pealed to the circuit court, was there I first heard on demurrer to the petition, which was overruled. The defendants then answered and a trial was had on the issues; and a finding of facts made at the request of the defendant, Overturf, on which the court rendered judgment for the plaintiff, and appointed a ' receiver. The finding of facts does not: vary materially from the facts statedj ' in the petition; so that if the petition is suflicient, the judgment should be aflirmed, otherwise reversed. The petition states the recovery by the plaintiff against the defendant, Overturf, of a judgment for $1,954 and some cents, at the January term, _l 9_5-, of the court common pleas; and that the defendant is insolvent and has no property on which an execution can be levied. It is then averred: "The said defendant, John W. Overturf, is, and for several years last past, has been one of the executors of the last will and testament of William A. Marsh, late of the county of Scioto, Ohio, de ceased, duly appointed by and qualified ' in the probate court of the said county of Scioto, and the defendant, James S. Marsh, is co-executor of the said last will and testament, and moneys belonging to the estate of the said testator have been received and more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236871405
  • 9781236871404