State ex rel. Reyburn v. Ruggles
Supreme Court of Missouri
Appeal from Washington Circuit Court. This was an action brought to the use of three of the legatees of Joseph Reyburn, deceased, against Ruggles and his securities, upon his bond as Reyburn’s administrator.
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Appeal from Washington Circuit Court. This was an action brought to the use of three of the legatees of Joseph Reyburn, deceased, against Ruggles and his securities, upon his bond as Reyburn’s administrator. The breach complained of was, that Ruggles had failed to use proper diligence to collect two judgments recovered in favor of the estate by a former administrator, for an amount exceeding the unpaid balance of the plaintiffs’ legacies, and that the amount of said judgments was lost to the estate by reason of his negligence. The plaintiffs prayed judgment for the penalty of the bond, with…
1Opinion of the CourtScott, Judge
This is a singular preceding. It appears that there has been a judgment against Ruggles. The record does not show that he contests the propriety of that judgment. But persons who are no parties to the proceedings on which the judgment is obtained, interpose, by motion, to have the judgment, in part, entered in their favor. There is no warrant in law for this. The judgment should have been entered for the penalty of the *101bond, with an award of a single execution for the damages assessed for the breaches thereof. When the sheriff brought the damages awarded into court, on the return day of the…
2Cases cited1 opinion
- Lupton v. LuptonNew York Court of Chancery · 1817
3Cited by7 opinions
- State ex rel. Heye v. St. Louis Court of AppealsSupreme Court of Missouri · 1885
- Spink v. MuellerMissouri Court of Appeals · 1898
- Russell v. WhitelySupreme Court of Missouri · 1875
- State Ex Rel. Cravens v. ThompsonSupreme Court of Missouri · 1929
- White v. WalkerSupreme Court of Missouri · 1856
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