OpenJurist

5 US 259 Fenwick v. Sears's Administrators

5 U.S. 259

1 Cranch 259

2 L.Ed. 101

FENWICK
v.
SEARS'S administrators.

February Term, 1803

1

ERROR to the circuit court of the district of Columbia for the county of Washington.

2

The only point decided by the court, was upon the validity of the letters of administration, under which this action was brought in the circuit court, by the administrators of Sears.

3

For the defendant in error it was contended,

4

The letters of administration granted in Maryland, before the jurisdiction over the district of Columbia vested in the United States, do not authorize the plaintiffs to maintain an action as administrators within the district, after the transfer of the jurisdiction.

5

[Argument of Counsel from pages 260-281 intentionally omitted]

6

On the 25th of February, the court gave the following judgment.

7

'It is decreed by the court that the defendants Stricker and Payson, not having obtained letters of administration in the district of Columbia, were not competent to maintain this action; and that the circuit court of the United States in and for the said district erred in overruling the demurrer. It is therefore considered by the court, that the judgment of the said circuit court on the said demurrer, be, and the same is hereby reversed, and that judgment thereon be rendered for the defendant in the original action.'