Cannon v. Cooper
Mississippi Supreme Court
Error to the Circuit Court of Hinds county. Hon. John Watts, judge. This is an action on an administrator’s bond to recover the amount of a judgment recovered against the administrator, upon the ground, as the declaration alleged, that the administrator had received sufficient assets and had failed to apply them to the payment of plaintiff’s judgment.
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Error to the Circuit Court of Hinds county. Hon. John Watts, judge. This is an action on an administrator’s bond to recover the amount of a judgment recovered against the administrator, upon the ground, as the declaration alleged, that the administrator had received sufficient assets and had failed to apply them to the payment of plaintiff’s judgment. To this the administrator and his surety pleaded several pleas— the second, third, and fifth of which are as follows: 2. Nul tiel record. 3. That if there be any record of such supposed judgment, the defendants were not made parties to the suit…
1Opinion of the CourtHandy, J.
' This was an action on the bond of the defendants in error as administrators of John Martin, deceased, brought by the plaintiff in error, a judgment creditor, for a devastavit.
The declaration contains the usual averments of .the rendition of a judgment in behalf of the plaintiff in error, against the administrators; of assets in their hands before and after the rendition of the judgment sufficient to pay it; and their failure to pay it.
*788To this the defendants pleaded several pleas, to all of which the plaintiffs demurred, except one. The demurrer was overruled as to two of these pleas; and…
2Cases cited1 opinion
- Cason v. CasonMississippi Supreme Court · 1856
3Cited by14 opinions
- Cocks v. SimmonsMississippi Supreme Court · 1879
- Bates v. StricklandMississippi Supreme Court · 1925
- Honeywell v. AaronMississippi Supreme Court · 1956
- Starling v. SorrellMississippi Supreme Court · 1924
- Stephenson v. New Orleans & N. E. R.Mississippi Supreme Court · 1937
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