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eBook details

• Title: Comstock v. Crawford
• Author : United States Supreme Court
• Release Date : January 01, 1865
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Messrs. Buttrick, Hill, and J. S. Brown, for the heirs, plaintiffs in error. I. The appointment of a general administrator for the estate of a non-resident intestate, was extra-judicial and void under the statute. The administration belonged to 'the public administrator' by its imperative terms. The appointment of that officer was not given to the court. The governor was to make it, and of course had made it. The public administrator–executor a lege constitus–like an executor a testatore constitus, was ever present, ready to receive the administration, to perform his duties prescribed by law, to execute and carry out the process, the orders, decrees, and sentences of his court. Yet he is never heard of in the case, no more than if neither he nor the case had ever existed. Griffith v. Frazier,1 in this court, temp. Marshall, is in point. The syllabus of the case is thus given by Cranch:

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