Carson vs. Hood'S Ex'Rs

Carson vs Hood'S Ex'Rs

Type Court Judgment Court US Supreme Court Decided 1790

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https://sooperkanoon.com/case/78018

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Citation: sooperkanoon.com/78018
Court: US Supreme Court
Decided On: 1790
Case Number: 4 U.S. 108
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Carson

Respondent

Hood'S Ex'Rs

Excerpt

carson v. hood's ex'rs - 4 u.s. 108 (1790) u.s. supreme court carson v. hood's ex'rs, 4 u.s. 108 (1790) 4 u.s. 108 (dall.) carson v. hood's executors. supreme court of pennsylvania. april term, 1790 debt. plea, nil debet. the principal point in this case was, whether debt would lie against executors, on a simple contract of the testator? 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: and the following authorities were cited to maintain the distinction. cro. e. 600. 557. cro. c. 187. cro. e. 121. 1 and. 182. golds. 106. leon. 165. vaugh. 99. 1 sid. 333. plowd. rep. 182. palm. 32. cro. e. 435. 459. yelv. 56. 1 lev. 200. 1 vent. 139. vaugh. 97. the court. 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.

Full Judgment

CARSON v. HOOD'S EX'RS - 4 U.S. 108 (1790)
U.S. Supreme Court CARSON v. HOOD'S EX'RS, 4 U.S. 108 (1790)

4 U.S. 108 (Dall.)

Carson
v.
Hood's Executors.

Supreme Court of Pennsylvania.

April Term, 1790

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

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: and the following authorities were cited to maintain the distinction. Cro. E. 600. 557. Cro. C. 187. Cro. E. 121. 1 And. 182. Golds. 106. Leon. 165. Vaugh. 99. 1 Sid. 333. Plowd. Rep. 182. Palm. 32. Cro. E. 435. 459. Yelv. 56. 1 Lev. 200. 1 Vent. 139. Vaugh. 97.

THE COURT.

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.

Same Parties Carson vs Hood'S Ex'Rs Same Subject Land Acquisition