State ex rel. Cameron v. Stroop
Supreme Court of Arkansas
Error to Ashley Circuit Court. Hon. John C. Murray, Circuit Judge. In taking a new bond the Probate Court acts ministerially under a specific power, and is bound to a strict compliance with •its authority. Polk vs. Wisntr, 2 Yerg. 523. The taking oí the new bond is not necessarily an abandonment of the surety of the old. It is a cumulative security, and no satisfaction of the old.
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Error to Ashley Circuit Court. Hon. John C. Murray, Circuit Judge. In taking a new bond the Probate Court acts ministerially under a specific power, and is bound to a strict compliance with •its authority. Polk vs. Wisntr, 2 Yerg. 523. The taking oí the new bond is not necessarily an abandonment of the surety of the old. It is a cumulative security, and no satisfaction of the old. The Probate Court of its own motion had a right to require a new bond, and the second bond so given discharges the obligation of the first. 14 Ark. 298 ; 18 lb. 000. The effect of giving a new bond is to discharge…
1Opinion of the CourtJustice Fairchild
delivered the opinion of the Court. .
On the 21st of January, 1853, Samuel F. Mains executed’his bond for the proper administration of the estate of Elizabeth Cameron, with Levi B. Stroop, as one of his sureties. In November, 1854, Stroop having died, the Probate Court of Ashley county ordered Mains to give a new bond, and on the 23d of January, 1855, he gave a new bond with other sureties, in compliance with the order, which was accepted' by the Court. On the 23d of October, 1855, the Probate Court ordered Mains to pay to the distributees of Elizabeth Cameron, fourteen hundred and fifty-two…
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- Williams v. GoodwinSupreme Court of Arkansas · 1940