State ex rel. Wright v. Porter

Suit by an administrator de bonis non against the administrator of the surety of the original administrator, for a breach of duty on the part of the lat*343ter, in failing to pay into the clerk’s office, or to the proper heirs, moneys belonging to the estate upon which he was administrator.

I Collins, for the state. W. A. Porter, for the appellee.

The breach was clearly proved, yet the Court gave judgment for the defendant.

We are not advised of the grounds upon which the Court below proceeded in rendering the decision; nor do we perceive any upon which it can be sustained. The statute expressly…