Griffith v. Western Surety Co.
Oregon Supreme Court
1Opinion of the CourtSloan, J.
The complaint in this case, filed in tbe circuit court for Lincoln county, attempted to allege a cause of suit against defendant Surety Company for alleged derelictions of an administratrix for whom defendant bad a bond responsibility. Tbe complaint attempted to bold defendant directly liable on its bond without any prior determination by tbe probate court that tbe administratrix had violated her duty and that tbe bondsman bad any obligation. Defendant demurred to tbe complaint on the ground that tbe court lacked jurisdiction; that this was a matter within tbe exclusive jurisdiction of tbe…
2Cases cited2 opinions
- Adams v. PetrainOregon Supreme Court · 1884
- National Surety Corp. v. McArthurOregon Supreme Court · 1944