Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-08
RULING BY THE COURT
FOREIGN ADMINISTRATOR MAY
NOT BE SUED HERE.
Views of Justice Gould in Case
of Bryan Against Curtis-Facts
Stated.

Holding that foreign administrator may
not be sued in this District. Justice Gould
in Equity Court No. 2, has dismissed the
bill in equity filed by Morgan Bryan, trus-
tee in bankruptcy Of William R. Curtis
against Alice v. Curtis. administrative of
William R. Curtis, deceased. and Leslie NJ
Shaw, Secretary of the Treasury.
The bill AYERS that August TO- 1903 Cur
tbs, a resident of Texas, now deceased. filed
in the United States Court of Claims two
claims against the United States and the
Comanche Indians for depredations COM
mitted during the years 1870 and 1874; that
February "a, 1902 Alice V. Curtis, admin
istratrix, was substituted as claimant upon
her petition showing that Curtis had died
intestate and that she had been duly ap-
pointed and qualified as his administratrix;
that April Z, 1904, judgment was entered In
favor of Alive V. Curtis, Administrative,
for s4.307.J0 on one claim and for $500 on
another claim. subject to the payment OF
certain attorneys fees After Curtis had
filed his claims, but before judgment had
been entered thereon. the 18th day of May.
1882 he filed in the district court OF the
United States for the northern district OF
Texas voluntary petition in bankruptcy.
and that under such proceedings Bryan was
appointed trustee of the estate of the bank
rupt and duly qualified. The claim sched-
uled by Curtis aggregated more than a mil
lion dollars.
Wanted Judgments Reopened.
Complainant June /. 1903, filed in the
causes in the Court of Claims a certified
copy of the approval of his bond as trustee
in bankruptcy of the estate of Curtis, but
that the judgments were rendered in the
Court of Claims in favor of the administra-
trix without being given notice thereof by
any one, and that the 10Th of April. 1904 he
filed the petition asking that the Judgments
be reopened and that be substituted
claimant in the cases in place of the admin
stra trix of Curtis. that said petition was
called to the attention of the Court of
Claims on the 10th day of May, 1904. but
that said court refused to grant the prayer
of the petitioner the ground that con-
test between the trustee in bankruptcy and
the Administrative over the possession of
SAID fund should not be determined by the
Court of Claims.
The Secretary of the Treasury demurred
to the bill, and his demurrer was heard
and sustained by Justice Stafford, and the
bill dismissed with costs. From that de-
cree the complainant Bryan appealed to the
Court of Appeals. The latter reversed the
decree of the Supreme Court of the Dis
trict in order that the motion of the admin
stratrix might be acted upon and final
decree entered settling far as practi-
cable the rights Of all the parties con-
cerned.
Two Grounds of Demurrer.
Alice V. Curtis mentioned two grounds of
demurrer: That she is not a resident of
nor has she been found or served with pro-
cess within the District of Columbia; but,
on the contrary, she is sued herein in her
official capacity as Administrative of the
estate of William r. Curtis, deceased, by
virtue of appointment of the county court
in and for Clay county, Texas. the place of
domicile of said intestate at the time of his
death; and that she is not liable to be sued
herein as such foreign administrative; and
that complainant had not made stated
such case as does or ought to entitle him
to the relief sought.
Justice Gould sustains both grounds of de-
murrer, taking them up in inverse order.
AS to the allegations of the bill. the court
declares that none Of them bring the bill
within the purview of any of the estab-
ished equity jurisdictions. In reference to
the first point of the demurrer the court
quotes from Prof. Schouler's late treatise
on Executors and Administrators. In which
Is laid down the rule that a representative
appointed in one jurisdiction cannot be sued
in his representative capacity In any other
Jurisdiction" Authorities from twenty
states are cited to support this proposition.
as we'll as opinions OF the United States
Supreme Court.
The administratriX was represented by At
torney A. A. Hoehling, while Attorneys
Hamilton, Colbert & Hamilton appeared
for the trustee in bankruptcy.