State ex rel. Wallace v. Ritter
Supreme Court of Arkansas
Appeal from, the Washington Circuit Court. This was an action of debt brought in the name of the State of Arkansas, for the use of Alfred Wallace, against Young Rit-ter, as the administrator of Daniel Ritter, determined in the Washington circuit court, in June, 1847, before the Hon. Wm. W. Floyd, judge. The action was founded upon an administration bond executed by Daniel Ritter, in his lifetime, as administrator of William Ritter.
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Appeal from, the Washington Circuit Court. This was an action of debt brought in the name of the State of Arkansas, for the use of Alfred Wallace, against Young Rit-ter, as the administrator of Daniel Ritter, determined in the Washington circuit court, in June, 1847, before the Hon. Wm. W. Floyd, judge. The action was founded upon an administration bond executed by Daniel Ritter, in his lifetime, as administrator of William Ritter. The declaration sets out the bond sued on, and its condition, (which is in the form prescribed by statute,) and assigns breaches thereof in substance as follows :…
1Opinion of the CourtJohnson, C. J.
The circuit court decided correetly in sustaining the demurrer to the declaration of the plaintiff. All the breaches assigned were evidently intended to rest upon sec. 171 of chap. 4 of the Revised Statutes, and yet they seek to subject the administrator to the payment of the individual demand of Wallace alone, and clearly look to his claim against the estate as the measure of damages. The creditor of an estate, where his demand has been allowed, classed, and ordered to be paid, is not of necessity forced to his action upon the bond, as he is entitled, upon such a showing as is required by…
2Cases cited1 opinion
- Outlaw v. YellSupreme Court of Arkansas · 1844