People ex rel. Rotchford v. Rotchford

Plaintiff brought suit against defendants, principal and surety, on an administrator’s bond. The defendant surety company filed its motion to strike the complaint because it failed to state a cause of action. The motion was allowed, the complaint stricken as to the surety company, at plaintiff’s costs, and he appeals.

In the complaint it is alleged that plaintiff is an heir at law and next kin of Lucille Rotchford, his deceased sister, who died intestate November 4, 1924; that defendant Michael J. Rotchford was by the probate court of Cook county appointed administrator of the estate of…