Lane v. State ex rel. Albert

Action upon an administrator’s bond. A demurrer was filed to the complaint, which was overruled by the court.

The complaint alleges that the bond was given “for the purpose of continuing the letters of administration.” This renders it clear that a former bond had been given, as no letters of administration can issue except upon the filing of a bond. 2 G. & H., § 19, p. 489. This bond, then, may have been required by the court because the sureties upon the first bond were insolvent, or because the penalty of the first bond was insufficient; in either of which cases, the sureties upon the bond…