Donaher v. Flint

This is a writ of error brought to reverse a judgment rendered against the plaintiffs in error in an action upon a guardian’s bond brought in the name of the judge of probate of Norfolk County under R. L. c. 149, § 29. The alleged error is one of fact, namely, that at the time the judgment was rendered the ward, for whose benefit the action was brought, was dead and no executor or administrator of her estate ever was appointed; and the judgment therefore was void.

R. L. c. 149, § 29, provides that “ Bonds given by guardians . . . may be put in suit by order of the Probate Court for the benefit…