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![handle is hein.slavery/ussccases0075 and id is 1 raw text is: CASES IN THE SUPREME COURT
1823.
Childress
V.
Emory. [PRACTICE. PLEADING. JURISDICTION.]
ANDERSON CHILDRESS, Executor of JOEL CHILD-
RESS, Plaintiff in Error,
V.
EMoRY and M'CLEUR, Executors of JOHN G. Co-
MEGYS, surviving partner of WILLIAM COCHRAN
& COMEGYS, Defendants in Error.
The Courts of the United States have jurisdiction of suits by or
against executors and administrators, if they are citizens of dif-
ferent States, &c. although their testators or intestates might not
have been entitled to sue, or liable to be sued in those Courts.
It is, in general, not necessary, in deriving title to a bill or note,
through the endorsement of a partne.'ship firm, or from the sur-
viving partner, through the act of the law, to state particularly the
names of the persons composing the firm.
A declaration, averring that J. C., by Ms agent, A. C., made he
note, &c. is good.
A general profert of letters testamentary, is sufficient, and if the dc-
fendant would object totbeir insufficiency, he must crave oyer: or,
if it be alleged that the plaintiffs are not executors, the objection
must be taken by plea in abatement.
Debt, against an executor, should be in the detine! only, unless he
has made himself personally responsible, as by a devastavit.
An action of debt lies, upon a promissory note, against executors.
The wager of law, if it ever had a legal existence in the United
States, is now completely abolished.
ERROR to the Circuit Court of Tennessee.
The defendants in error, citizens of the State of
Maryland, and executors of John G. Comegys,
the surving partner of the late firm of William
Cochran & Comegys, brought an action of debt
in the dtinet, on a promissory note, executed by](ViewImageLocal?handle=hein.slavery/ussccases0075&div=1&collection=&method=preview&ext=.png&size=3)