Minor v. Mead
Supreme Court of Connecticut
This was an action on a bond, executed to the plaintiff, as judge of probate, by Darius Mead, administrator of the es-estate of Eliphalet Mead, deceased, and Gilbert Close, his surety. The action was commenced on the 30th of March 1819. The defendants, having prayed oyer of the condition, which was in the form prescribed by statute, requiring a true and perfect inventory to be made and exhibited within two months, pleaded performance generally.
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This was an action on a bond, executed to the plaintiff, as judge of probate, by Darius Mead, administrator of the es-estate of Eliphalet Mead, deceased, and Gilbert Close, his surety. The action was commenced on the 30th of March 1819. The defendants, having prayed oyer of the condition, which was in the form prescribed by statute, requiring a true and perfect inventory to be made and exhibited within two months, pleaded performance generally. The replication set forth a breach, by the administrator’s neglect to make and exhibit an inventory of certain tracts of land, of the value of 5000…
1Opinion of the Court
Hosmer, Ch. J.
I shall restrict my opinion in this case to the principal questions madé in the argument; the other objections, appearing on the record, having been expfessly, or impliedly, waived.
It was, in the first place, contended, that the action had been prematurely brought; having been commenced prior to the time, when, by the order of the court of probate, the defendants were to render an account of their administration. This action is founded on the not making and exhibiting a true and perfect inventory, within the time mentioned in the condition of the bond. This period had been…
2Cited by10 opinions
- Finnegan v. LafontaineSupreme Court of Connecticut · 1937
- Marks v. CoatsOregon Supreme Court · 1900
- Bassett v. McKennaSupreme Court of Connecticut · 1885
- State v. MainSupreme Court of Connecticut · 1863
- Andruss v. DoolittleSupreme Court of Connecticut · 1836
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