Cheney

This action was brought by the plaintiff, as administrator of the estate of Ole Linge, deceased, against the Alaska Treadwell Gold Mining Company, to recover damages; the plaintiff alleging that the deceased was killed by the actionable negligence of the defendant company. In addition to a denial of the allegations of the complaint, charging it with negligence, the defendant pleaded, as an affirmative defense: “That the plaintiff has no capacity to have and maintain this suit against it for the cause of action alleged in said complaint, for that it is not true that the plaintiff, Z. R. Cheney, is the duly appointed, qualified, and acting administrator of the estate of Ole Linge at the time of bringing this action or at any other time, but in truth and in fact, long prior to the pretended appointment of the plaintiff, Z. R. Cheney, as administrator, one Emery Valentine had been duly appointed and qualified as such administrator, and was such appointed, qualified and acting administrator at the time of the pretended appointment of plaintiff herein, and that said pretended appointment of plaintiff is null and void.”

The action was tried in'the United States District Court, District…