Executor pleading
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 39 U.S. 33 - Elias Kane v. Gabriel Paul · 1840Most cited · 35 citing opinions
when an executor sues in respect of a cause of action which occurred in the lifetime of the deceased, he must declare in the detinet, that is, in his representative capacity only. But where the cause of action accrues after the death of the testator, if the money recovered will be assets, the executor may declare in his representative character, or in his own name.