People v. Randolph
Illinois Supreme Court
This is a suit of The People, for the use of Burgstresser & Co., against Randolph and others, on an administrator’s bond, in an action of debt, assigning as breaches the wasting and misapplying of the estate of Jonathan B. Wildey, deceased. Declaration alleges an allowance of claim in favor of Burgstresser & Co., and assigning numerous breaches of bond.
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This is a suit of The People, for the use of Burgstresser & Co., against Randolph and others, on an administrator’s bond, in an action of debt, assigning as breaches the wasting and misapplying of the estate of Jonathan B. Wildey, deceased. Declaration alleges an allowance of claim in favor of Burgstresser & Co., and assigning numerous breaches of bond. The plea of defendants avers, that the defendants are impleaded in a plea of debt, of and upon the same identical writing obligatory in the said declaration in this suit mentioned, and by the said plaintiffs, which suit is still pending.…
1Opinion of the CourtWalker, J.
The record in this case presents the question, whether one recovery on an executor’s bond may be pleaded as a bar to another recovery on the same instrument, in/ an action instituted for the benefit of another person. It is insisted that after a recovery, all persons who desire to recover damages for a breach of duty by the executor, must make themselves parties to the former recovery, by suing out a sci. fa. against him and his securities, and on its return, assign breaches on the record, and have their damages assessed. As a general rule, it is true that one recovery on an official bond…
2Cited by3 opinions
- People ex rel. DeCola v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1940
- Magness v. WalkerSupreme Court of Arkansas · 1871
- Morhiners v. County Court ex rel. BiggeIllinois Supreme Court · 1872