Baker v. State ex rel. Grimes
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Hon. Felix I. Batson, Circuit Judge. Contended that Baker was not liable to be sued upon his bond until settlement with the Probate Court and an order by the court to pay over any balance of the estate in his hands. Dig. ch. 7, sec. 5; Jones vs. State use, 14 Ark. 170; 2 Eng. 107.
1Opinion of the CourtChief Justice English
This was an action of debt upon the bond of a public administrator.
The action was brought in the name of the State, for the use of Marshall Grimes as surviving administrator of John Booth, deceased, against James J. Baker, sheriff of Sebastian county, the principal in the bond, and Norton, Sutton, Rogers and Spring, securities.
The bond was executed 27th of June, 1853, in the form prescribed by the statute.
The declaration, after setting out the bond, assigns a special breach of its condition, in substance as follows:
That, on the 20th of October, 1853, letters of administration upon the estate…
2Cited by1 opinion
- Tate v. NortonSupreme Court of the United States · 1877