The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-12-08


as tangible property sufficient confer Jurisdictions
IN NifGhcy T. Scott, Humph. (Tenn 327 the held
mat III judgment recovered in foreign and
then the creditor died and the debtor removed the
OF the application, administration could be granted
the claim Note, p l. R. y 687 See also page 6S4 Tn
fortunately have the full report
and state It's substance only second hand 1t
have been the subject of discussion same
state but not overuled Bgelow Overruled Cases Supple
.ment, AS.
Thus find that the converse of the rule has been eibe
atey rejected by the courts when called upon to actually de-
eide the question: whether in respect of simple debts
specialte judgments And know of decision the
contrary The cited whatever may be the first
IMPRESSION viii be found careful examination have turned
on some other question For instance, in adams T. Sar0g
Id Raym. SIS, the decided merely that admins
appointed by the Archdeacon of Dorset could
tain scre fdcas upon Judgment in the Court of Kings
Bench, the ground that the appointment void that
Judgment in other words that administrator could
upon judgment and court outside OF the jurisdiction
in which he appointed. So in Vaughn Bdre supra
actually decided merely that administrator ap
pointed in New York not inhabitant Vermont
in Vermont upon Vermont Judgment and that therefore
Gin the opinion of the COURT voluntary to the New
York administrator would not bar subsequent action in Yer
by the Vermont administrators.
If the of the true them above stated
in order prevent failure of justice, administrator APP
pointed where the property stated in the rule
should be allowed to bring suit any other jurisdiction where
the debtor Is without first obtaining administration there just
he could if he in possession of negotiable note belong
to the estate and payable to bearer or as he could IL ne
had already obtained judgment in the jurisdiction of his
ponmen for then he could of the chose in action
and not merely in his capacity For instance,
in the bar if administration could be granted in
Hawaii where the debtor then administrator appointed
in California where the record ought to be allowed to sue
here otherwise suit could be brought all and the
debt could be collected. But have all the
authorities hold that administrator cannot such out
side of jurisdiction of his appointment See cases. SUPRA
In HuthCaite Phaire, Man. CIR 159, and in Whyte a.
Rose supra in the Queens Bench, the that the
of the rule if held logically required that suit should
be allowed be brought and they apparently thought that
the and that suit could be brought but
question actually decided in either and in the
appeal the Exchequer Chamber the court
doing said that suit could not be brought and the
same Chief Justice indaD who delivered opinion of
court in Hahacaite a. Phai,e said in substance that that
opinion should be taken beyond the question actually before
the court See PIP. sol, 5O4
may be argued that failure of justice would
sary result from holding that administrator can be appointed
only the jurisdiction where the record is, though the
debtor might another jurisdiction where suit could
be brought by such administrator for the that the u
could be assigned by the administrator appointed where
record IS and then t be brought by the in the
foreign jurisdiction This course has been pursued III some
cases BvOWs, u Cal 161, also Lerris Adams,
20 Cal 4O3 Peterson chemical Bank, 30 n Y. u, APP
proved in johnson a. Wallis, n. Y. But right
hardly be said to have an adequate remedy
itself enforced by its owner, but be
realized on only bv sale and what if as would often be
case could be sold under the circumstances except
great sacrifice if it nonnegOtabe and the debtor
jurisdiction in which the assignee could except in
the of the assgnor?
question of real difficulty that generally arises whether
may be compelled pay the debt than
he voluntarily pays IN one jurisdiction and Is
afterwards sued another For instance If the debtor IN this
obliged the Judgment at the suit of an admins
traitor appointed here and should afterwards California
could he be obliged pay the judgment second time at
.he suit administrator appointed there! The solution
IF this question would seem to hold, that debtor
cannot be sued where found though in jurisdiction other
where the record where the speciality debtor
simple the time of the decedent death and
deny justice the other party but hold that payment
least made under compuson by and perhaps
voluntarily wherever he could be compelled by suit
defense anywhere else and do justice to both
Westake Private International Law, Secs 296299
further and hold that voluntary payment
the doniciarv administrator by debtor another Uris
cton good defense if there creditors of the
ecedent that jurisdiction wilkins Elicit Wall 40
other courts 90 still further and hold that if there
reditors such jurisdiction, such payment good defense
made before the appropriate proceedings have been taken
here creditors order realize the debt Marcy
March, 80 Conn 3OS criticizing Vaughn Barrett supra
We therefore hold in order prevent either failure OF
trn er11let that administrator