People v. M'Donald
New York Supreme Court
These were separate actions of debt, on the same administration bond. The bond was given.by Ml Donald f Dobbs, ■as sureties of Sarah Haviland, administratrix, &c. of John Haviland, deceased, pursuant to the act.
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These were separate actions of debt, on the same administration bond. The bond was given.by Ml Donald f Dobbs, ■as sureties of Sarah Haviland, administratrix, &c. of John Haviland, deceased, pursuant to the act. (Vi d. 1 R. L. 447.) The defendant, having appeared in "each action, the plaintiffs declared ; and one breach in both declarations, was the not filing an inventory within the six months allowed by the bond• The declaration in the first suit farther set forth, that Sarah Haviland, as administratrix, had prosecuted an ac- . . tion of assumpsit, against one Bannen, wherein judgment,as in…
1Opinion of the Court
Curia.
■ The award of execution de bonis propriis, without the si non clause, is a clerical mistake of the attorney. The record is no doubt erroneous ; for though the administratrix may have been liable, it was only in default of assets belonging to the estate of the intestate. Where the administrator is liable, the proper form of entry is de bonis intestatoris, si, fyc. et de bonis propriis, si non, fyc. This is conformable to *193the case cited by the counsel for the defendants. In that case the Court allowed this amendment even after error brought, and in nullo est erratum pleaded. We,…
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