McNulty v. Marcus
Supreme Court of Georgia
Administrators and executors. Judgments. Verdicts. Practice in the Superior Court. Evidence. Before Judge Gibson. Richmond Superior Court. April Term, 1876. Levy, ordinary of Richmond county, for the use of Solomon Morris, sued Michael O’Dowd, and the securities on his bond, as administrator of E. H. Gray, deceased. The breach' of duty assigned was the failure of O’Dowd to pay certain notes of one Berckman, indorsed by Gray.
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Administrators and executors. Judgments. Verdicts. Practice in the Superior Court. Evidence. Before Judge Gibson. Richmond Superior Court. April Term, 1876. Levy, ordinary of Richmond county, for the use of Solomon Morris, sued Michael O’Dowd, and the securities on his bond, as administrator of E. H. Gray, deceased. The breach' of duty assigned was the failure of O’Dowd to pay certain notes of one Berckman, indorsed by Gray. The securities filed a demurrer for want of jurisdiction and misjoinder, which was sustained, and the action dismissed as to them, but proceeded as to O’Dowd. O’Dowd…
1Opinion of the Court
Bleckley, Judge.
1. The bond given to the ordinary by an administrator for the faithful execution of his trust, is the personal contract of the administrator. A suit upon it must necessarily be against him personally, not against him in his representative character. To recover in the suit, a breach of the bond must be established; and a judgment for the plaintiff is conclusive evidence that a breach was established. The only judgment for the plaintiff, legally possible, is a judgment de bonis propriis. If, in writing it up, representative terms be added to the defendant’s name, they are mere…
2Cited by5 opinions
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Bailey v. McAlpinSupreme Court of Georgia · 1905
- Haddock v. PerhamSupreme Court of Georgia · 1883
- State v. GormleySupreme Court of Georgia · 1938
- Campbell v. United States Fire InsuranceCourt of Appeals of Georgia · 1970