Colburn v. Carter

OPINION OP THE COURT BY

COKE, C. J.

John F. Colburn during his lifetime instituted a suit in the circuit court of the first judicial circuit against Alfred W. Carter and John C. Lane for the sum of $730.28. The action was one of assumpsit and grew out of a judgment which was recovered against Jessie K. Kaae, John F. Colburn and Antonio Lofig. Mrs. Kaae was the executrix of the last will and testament of Margaret Y. Carter, deceased, and Colburn and Long were *519sureties on lier bond as such executrix. In a proceeding before the probate court she was by order of the court surcharged with the sum of…