Bradley v. Commonwealth
Supreme Court of Pennsylvania
Error, to the Common Pleas of Cambria county. This was an action of debt by the Commonwealth of Pennsylvania, for the use of John and Andrew Ager, against Ann Henry, late Ann Webster, and William Bradley, on an administration bond in $500, dated the 15th September 1849, executed by Ann Webster, as principal, and William Bradley, as surety.
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Error, to the Common Pleas of Cambria county. This was an action of debt by the Commonwealth of Pennsylvania, for the use of John and Andrew Ager, against Ann Henry, late Ann Webster, and William Bradley, on an administration bond in $500, dated the 15th September 1849, executed by Ann Webster, as principal, and William Bradley, as surety. On the 15th September 1849, Ann Webster took out letters of administration on the estate of her deceased husband, William Webster, and gave the bond in question, in the body of which William Bradley and R. L. Johnston were named as sureties; but it was…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
It seems to us very clear that this is no administration bond: for the law requires two or more sureties, and there is only one; and the bond was drawn for two, and only one of them has signed it. In such a case, by the very terms of the law, the letters of administration are void, and the person acting under them became administratrix of her own wrong, which is inconsistent with the attribution of any validity to the bond: see 4 Rawle 382; 4 Watts 21.
A judgment was entered on this bond against the surety for want of an affidavit of…
2Cases cited2 opinions
- Sharp v. United StatesSupreme Court of Pennsylvania · 1835
- M'Williams v. HopkinsSupreme Court of Pennsylvania · 1834
3Cited by2 opinions
- Huff's EstateSupreme Court of Pennsylvania · 1930
- Slate v. HenkleOregon Supreme Court · 1904