White v. Schaberg
Michigan Supreme Court
Error to Kalamazoo; Adams, J. Assumpsit by James E. White, judge of probate of Kalamazoo county, for the use and benefit of Henry L. -Chipman, against Herman H. Schaberg, impleaded with Lawrence N. Burke, executor, etc., and Patrick H. Burke, upon an executor’s bond. From a judgment for plaintiff, ■defendant brings error.
1Opinion of the CourtMontgomery, J.
This is an action against the principal and sureties on a bond given on a sale of real estate *320made by authority of an order of the probate court by an executor, the principal on the bond in suit. Under the record as presented to us, we find it impossible to deal with most of the points made in the brief of counsel for appellant.
It is first contended that there was error in receiving the-bond in evidence, and in basing judgment upon it, for the reason that no authority was shown for bringing suit upon the bond. The court found as a fact, however, that such authority had been duly and regularly…
2Cases cited4 opinions
- Detzur v. B. Stroh Brewing Co.Michigan Supreme Court · 1899
- Haines v. SaviersMichigan Supreme Court · 1892
- Durfee v. JoslynMichigan Supreme Court · 1892
- Robards v. WatermanMichigan Supreme Court · 1893
3Cited by1 opinion
- Scott v. SullivanMichigan Supreme Court · 1911