2 Rawle 431 | Pa. | 1830
The opinion of the court was delivered by •
— The question raised by the demurrers is, whether debt lies against an administrator here on a judgment against a foreign administrator of the same intestate. Did an administrator represent the person of the intestate without qualification or restriction, the plaintiff’s, argument would be incontrovertible. But it is clear, that his c.ommision extends only to assets of which the ordinary had jurisdiction; and it constitutes him a representative of the intestate no further than as regards the administration of those particular'assets. His power is but co-extensive with that of him from whom it is derived; and it is, consequently, incompetent, directly or indirectly, to affect assets which belong to another jurisdiction. This principle is plainly discernible in the few decisions that bear upon the point. As was held in Dowdale’s Case, 6 Rep. 42, an administrator may be sued in a foreign country; because, the action being transitory, follows his person, and the jury may inquire of assets in his hands at home or abroad. But the judgment would not affect any, assets, the administration of which had not been committed to him; as in Borden v. Borden, 5 Mass. Rep. 67, where a judgment in Massachusetts against one who had obtained administration in Rhode Island, was held insufficient to warrant execution
In theory, therefore, there are insuperable objections to the action; and, as regards convenience and justice, how stands it in practice? A confession of judgment is an admission of assets which creates no liability to the other creditors, or the persons entitled to distribution; and personal liability, even to the plaintiff, may be obviated by restraining the judgment to assets quando acciderint. What then is to prevent collusion? On the principle of the argument, even naked admissions of the foreign administrator would be competent to charge the assets here. To guard against this, the law necessarily limits the power of an administrator to assets, for the due administration of which he and his sureties are responsible. Of the reason and policy of this, the case at bar, in which the foreign judgment is marked to the use of the administratrix who suffered it, is a forcible illustration. It is of little moment, that such a judgment is not conclusive, and that if there be fraud in fact, the administrator here may show it. It is sufficient that the doctrine would shift the burden of proof in the first instance, and send the defen
Judgment for the defendant.