13 Tenn. 299
Decided December 15, 1833
Tennessee Supreme Court · decided 1833-12-15
Settle, Whitley and Smith sued the plaintiff in error, before a justice of the peace. The warrant issued on 26th December, 1833, against William Atkinson, the plaintiff in error, as executor 'of Henry H. Atkinson. William Atkinson qualified as executor in October, 1830, more than two years before the institution of this suit.
Decided 1833-12-15
¶1delivered the opinion of the court.
¶2The charge was erroneous; the advertisement is not a condition precedent to pleading the act, as this court determined in Hooper vs. Bryant, 3 Yerger’s Rep. 1. The judgment will be reversed, and the cause remanded for another trial.
¶3Judgment reversed.