State Ex Rel. Rudder v. Haphe

This is an action on an administrator’s bond. The principal in the bond was not served. At the return term defendant Southern Surety Company, the surety- on the bond, demurred to the petition. The demurrer was sustained by the circuit court and, plaintiff declining to further plead, judgment was entered thereon in favor of the defendant. From such judgment plaintiff prosecutes this appeal.

The petition to which the court sustained a general demurrer on the part of defendant surety (deleting immaterial allegations) was as follows:

“The State of Missouri, which sues in this behalf at the relation…