People v. Allen

This was debt upon the official bond of a deceased administrator, against his surviving surety, suggesting a devastavit, brought in the City Court of Aurora, by a' creditor of the estate, whose claim had been adjudicated by a decree of the same court, but never allowed nor presented in the county court; and the question arising upon the record is whether such allowance is necessary in order to maintain the action.

It appears that Robert G-roch died intestate on the 13th day of July, 1871, and on the 17th his son Otto, upon filing the bond here in suit, was appointed administrator. On the next…