United States Fidelity & Guaranty Co. v. People
Supreme Court of Colorado
Appeal from Custer District Court. Hon. M. 8. Bailey,-Judge. This action was brought by relator Miller against appellant as surety upon an administrator’s bond given by Malcolm G. Wright, and also against said Wright as principal in.said bond. It was so brought under the, statute whereby sureties upon such bonds are made liable for the failure of the principal to comply with law or with the covenants of the bond executed pursuant to law.
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Appeal from Custer District Court. Hon. M. 8. Bailey,-Judge. This action was brought by relator Miller against appellant as surety upon an administrator’s bond given by Malcolm G. Wright, and also against said Wright as principal in.said bond. It was so brought under the, statute whereby sureties upon such bonds are made liable for the failure of the principal to comply with law or with the covenants of the bond executed pursuant to law. Default was énteredagainst Wright and judgment was recovered against appellant as such surety. The same is now pending before this court for review. The…
1Opinion of the CourtJustice Helm
The most important objection urged in this case challenges the jurisdiction of the county court to allow as a claim against the estate, the demand of relator for legal services; such services being rendered to the administrator in due course of administration. The employment, rendition of. the services, and reasonableness of the allowance are not in controversy. The specific contention is that relator’s demand could only be collected through the administrator. That is-to say, that it was a claim against the administrator and not against the estate; and that he should have looked solely to the…
2Cases cited3 opinions
- Bancroft v. AndrewsMassachusetts Supreme Judicial Court · 1850
- Seymour v. FisherSupreme Court of Colorado · 1891
- Modawell v. HolmesSupreme Court of Alabama · 1867
3Cited by17 opinions
- Gow v. MauryMontana Supreme Court · 1923
- Gordon-Tiger Mining & Reduction Co. v. LoomerSupreme Court of Colorado · 1911
- Bogue v. SachsSouth Dakota Supreme Court · 1941
- McKenzie v. CrookSupreme Court of Colorado · 1942
- Vider v. ZavislanSupreme Court of Colorado · 1961
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