Reid v. Nash
Supreme Court of Alabama
Error to the Circuit Court of Choctaw. Tried before the Hon. Lyman Gibbons. Debt on an administrator’s bond, in the name of Preston G. Nasli, Judge of the County Court of Sumpter, for the use of Thomas C. Grimm, against James M. Reid, the plaintiff in error; the suit having been discontinued as to the other obligors in the bond, upon whom process was not served.
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Error to the Circuit Court of Choctaw. Tried before the Hon. Lyman Gibbons. Debt on an administrator’s bond, in the name of Preston G. Nasli, Judge of the County Court of Sumpter, for the use of Thomas C. Grimm, against James M. Reid, the plaintiff in error; the suit having been discontinued as to the other obligors in the bond, upon whom process was not served. The declaration sets out the bond, and alleges a special breach of the condition, to-wit: the recovery of a judgment against the administrator to be levied de bonis intestatis, the issue of an execution and its return u no property…
1Opinion of the CourtPhelan, J.
The'demurrer to the declaration of plaintiff was properly overruled. It sufficiently avers that a judgment bad been rendered against the administrator, James H. Owen, as such, to be levied de bonis iniestatis. It was not necessary to go further in a declaration, whether against tho administrator himself or a surety.—Thompson v. Searcy, 6 Por. 396; Wil*738liams v. Hinkle, 15 Ala. 713. If upon the trial it should appear, as in the case last cited, that the judgment was really not a proper judgment against the administrator as such, the surety would then be at liberty to make the question.
The record…
2Cases cited3 opinions
- Pollard v. StantonSupreme Court of Alabama · 1843
- Williams v. HinkleSupreme Court of Alabama · 1849
- Tait v. ParkmanSupreme Court of Alabama · 1849
3Cited by7 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Banks v. SpeersSupreme Court of Alabama · 1892
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Carmelich v. MimsSupreme Court of Alabama · 1889
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