Opinion · U.S. Circuit Court for the District of District of Columbia

Bank of Washington v. Peltz

2 F. Cas. 748

Type
Opinion
Court
U.S. Circuit Court for the District of District of Columbia
Jurisdiction
Federal
Date
1821-04-15
Topic
general

THE COURT (THRUSTON, Circuit Judge, absent) said that there was no judgment against an executor or administrator, until the court has assessed the sum which the defendants ought to pay, according to the amount of assets in their hands. The docket entry is only an admission of the sum which the testator ought to have paid, if he had been living. THE COURT quashed the scire facias, without costs, and made an order referring the original judgment to the register of wills, to ascertain the amount of assets, and the sum for which the judgment should be rendered.

Citator

UpLaw has not yet analyzed Bank of Washington v. Peltz. The absence of a flag is not a finding that it is good law.

THE COURT (THRUSTON, Circuit Judge, absent)

said that there was no judgment against an executor or administrator, until the court has assessed the sum which the defendants ought to pay, according to the amount of assets in their hands. The docket entry is only an admission of the sum which the testator ought to have paid, if he had been living.

THE COURT quashed the scire facias, without costs, and made an order referring the original judgment to the register of wills, to ascertain the amount of assets, and the sum for which the judgment should be rendered.