 | 1816 - 452 pages
...will not lie against an executor. But assumpsit, which is another action for the same cause, will lie. So, if a man take a horse from another, and bring him back, an action of trespass will not lie against his executor, though it will against him ; but an action... | |
 | Sir Samuel Toller - Executors and administrators - 1838 - 620 pages
...lie against an executor ; but assumpsit, which is another action for the same cause, is maintainable. So if a man take a horse from another, and bring him back again, [462] an action of trespass will not lie against the executor, though it would have lain against the... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - Law reports, digests, etc - 1862 - 1014 pages
...will not lie against an executor. But assumpsit, which is another action for the same cause, will lie. So, if a man take a horse from another, and bring him back again, an action of trespass will not lie against his executor, though it would against him ; but an action... | |
 | Charles Greenstreet Addison - Torts - 1876 - 762 pages
...being for a tort, will not lie against an executor ; but an action ex eontractu for the same will lie. If a man take a horse from another, and bring him back again, an action for trespass will not lie against his executor, but an action for the use and hire of the... | |
 | Charles Greenstreet Addison - Torts - 1876 - 996 pages
...a tort, will not lie against an executor ; but an action ex contractu for the same cause will lie. If a man take a horse from another, and bring him back again, an action for the trespass will not lie against his executor, but an action for the use and hire of... | |
 | Law reports, digests, etc - 1886 - 774 pages
...supposed crime, and, on the plea of not guilty, it would not lie against an executor; but assumpsdl will lie, notwithstanding, for the value of the goods...for the use and hire will lie against the executor. Lord Mansfield stated the fundamental distinction thus: If it is a sort of injury by which the offender... | |
 | William Albert Keener - Quasi contracts - 1888 - 1234 pages
...will not lie against an executor. But assumpsit, which is another action for the same cause, will lie. So if a man take a horse from another, and bring him back again, an action of trespass will not lie against his executor, though it would against .him; but an action... | |
 | John Chipman Gray - Personal property - 1890 - 988 pages
...not lie against an executor. But assumpsit, which is another action for the same cause, will lie. — So if a man take a horse from another, and bring him back again ; an action of trespass will not lie against his executor, though it would against him ; but an action... | |
 | Edward Wilcox Hinton - Pleading - 1906 - 878 pages
...will not lie against an executor. But assumpsit, which is another action for the same cause, will lie. So if a man take a horse from another, and bring him back again, an action of trespass will not lie against his executor, though it would against him; but an action... | |
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So if a man take a horse from another, and bring him back again, an action of trespass will not lie against his executor, though it would against him; but an action for the use and hire of the horse will lie against the executor. 
