Avery ex rel. Aultman v. Miller
Michigan Supreme Court
Error to St. Clair. (Canfield, J.) Debt on administratrix bond. Defendant Miller, a surety, brings error. The facts are stated in the opinion. 1. Plaintiffs, having procured an order limiting the time for the payment of debts, must be held bound thereby, and to have full notice thereof in all essentials as to the remedy, and as to the operation of the statute of limitations, and they are hound precisely as if the administratrix had procured the order, and given notice under…
Read the full summary
Error to St. Clair. (Canfield, J.) Debt on administratrix bond. Defendant Miller, a surety, brings error. The facts are stated in the opinion. 1. Plaintiffs, having procured an order limiting the time for the payment of debts, must be held bound thereby, and to have full notice thereof in all essentials as to the remedy, and as to the operation of the statute of limitations, and they are hound precisely as if the administratrix had procured the order, and given notice under How. Stat. §§ 5930, 5931. 2. Strictly speaking, the action on the bond ought to be limited to two years after procuring…
1Opinion of the CourtMorse, J.
This is an action in debt upon the bond of Charlotte Montross, administratrix of the estate of James Montross, deceased.
Charlotte Montross was appointed administratrix August 17, 1874. Commissioners on claims were also appointed. They filed their report May 10, 1875. The parties for whose benefit this suit was instituted were allowed claims amounting to $149.52. The report of the appraisers filed October 2, 1874, showed about $2,800 of personal property in the hands of the administratrix at that date. August 17, 1874, an order was made by the probate court, limiting the time for the payment…
2Cases cited2 opinions
- Stewart v. SpragueMichigan Supreme Court · 1888
- In re Palms'Michigan Supreme Court · 1880
3Cited by5 opinions
- Wall v. ZyndaMichigan Supreme Court · 1938
- Stringer v. Stevens' EstateMichigan Supreme Court · 1906
- Hurst v. CharronMichigan Supreme Court · 1934
- Livingstone v. Department of TreasuryMichigan Supreme Court · 1990
- Livingstone v. Department of TreasuryMichigan Supreme Court · 1990