Lander

The plaintiff, describing Mmself as a resident of the state of Kentucky, and administrator of Elizabeth Dunnington, deceas *319 ed, declares upon a judgment obtained by Mm as sneh administrator against the defendant, in the state of Kentucky, on the 16th day ®£ May, 1856. To tMs complaint the defendant demurs, upon the ground that the plaintiff has no right to administer the assets for which he is suing. This is the effect of the demurrer, although the defendant expresses Ms objection by saying that the plaintiff has no capacity to sue.

I have been a good deal embarrassed by the question raised on this demurrer, and the more that I have not had the Ml advantage of the well known ability of the counsel on either side.

The counsel for the plaintiff admits that generally a foreign administrator cannot maintain an action for domestic assets; but he claims as an exception to this rule, all that class of demands resulting from promises made to- or judgments obtained by the administrator subsequent to the death of the intestate; and to maintain Ms position he cites the case of Talmage vs Chapel, 16 Mass. The case is identical with the one at bar, and if the doctrine there established…