124 Mass. 560
Massachusetts Supreme Judicial Court
Decided June 28, 1878
Massachusetts Supreme Judicial Court · decided 1878-06-28
Contract against the heirs of William Dobbins. Writ dated November 24,1876.
Good law ✅— No negative treatment on recordhow we know
Decided 1878-06-28
Cited by 9 later decisions — most recently December 1976
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The plaintiff did not allege or prove that the estate of the intestate had been settled when his right of action accrued. If it had not, the plaintiff had a remedy under the Gen. Sts. c. 97, §§ 8, 9, by application to the Probate Court and action against the administratrix, and therefore, by the express terms of e. 101, § 31, cannot maintain this action against the heirs. Hall v. Bumstead, 20 Pick. 2.
¶2Exceptions overruled.