Bales v. State ex rel. Pennington

Bales, as the surety of one Weathered, was sued on the bond executed by them for the discharge, by the latter, of his duty as administrator of the estate of one Mallet. It is averred that Weathered failed to discharge his duty in this, that he had, when the bond was executed, $94 in good solvent notes, belonging to said estate, which he converted to his own use, and then left the State, &c.

The defendant answered: 1. A denial. 2. That in October, 1855, said Weathered was appointed said administra^ tor, and gave bond, with one Jerry Smith as surety; and *322afterward so administered the estate,…