Reed v. Hume
Utah Supreme Court
[Appeal from tbe Second District Court, "Weber County.— Hon. H. H. Bolapp, Judge. Action upon an administrator’s bond, given by George H. Burgitt during bis lifetime as administrator of tbe estate of Edward A. Reed, wherein George J. Kelly and Andrew J. Warner were sureties. Erom a judgment in favor of plaintiff, defendants appealed.
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[Appeal from tbe Second District Court, "Weber County.— Hon. H. H. Bolapp, Judge. Action upon an administrator’s bond, given by George H. Burgitt during bis lifetime as administrator of tbe estate of Edward A. Reed, wherein George J. Kelly and Andrew J. Warner were sureties. Erom a judgment in favor of plaintiff, defendants appealed. Sureties on an administrator’s bond can not be sued until tbe amount due from the administrator bas become fixed and determined by a decree of tbe probate court or by a decree in an equitable action for an accounting. This principle is well established. Grady v.…
1Opinion of the Court
MARIONEAUX, District Judge.
The complaint filed in tbe district court is- as follows: “Plaintiff complains and alleges: Eirst. That she is tbe administratrix of tbe estate of E. A. Reed, deceased, and duly appointed by this court, and qualified and acting as such. Second. That tbe defendant Richard T. Hume is tbe administrator of the estate of George H. Burgitt, deceased, and duly appointed by this court, and qualified and acting as such. Third. That tbe said George H. Burgitt died on tbe — day of-, 1900, and *250at the time of his death he was the duly qualified and acting administrator of the…
2Cases cited2 opinions
- Beall v. New MexicoSupreme Court of the United States · 1873
- Barrette v. DoolyUtah Supreme Court · 1899
3Cited by4 opinions
- Hill v. Superior CourtCalifornia Supreme Court · 1940
- Pennington v. NewmanSupreme Court of Oklahoma · 1913
- Denton v. SchneiderWashington Supreme Court · 1914
- Carstensen v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1928