Dawes v. Sweet
Massachusetts Supreme Judicial Court
Debt on an administration bond. After oyer of the bond and condition, the defendants plead performance generally. The plaintiff replies a decree of this Court, as the Supreme Court of Probate, ordering a balance in the hands of the administrator to be paid over to the person entitled, and avers that the same has never been paid, and that the decree is still in force.
1Opinion of the Court
The Court
were very clear that an action on the bond will lay, to enforce a decree of this Court rendered upon an appeal. But as a demand was necessary to be averred and proved, they gave leave to the plaintiff to amend his replication, by inserting such an averment ; and to the replication thus amended the defendants might rejoin or demur, as they should be advised.
2Cited by5 opinions
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- Dawes v. HeadMassachusetts Supreme Judicial Court · 1825
- Leland v. KingsburyMassachusetts Supreme Judicial Court · 1836
- Newcomb v. WingMassachusetts Supreme Judicial Court · 1825
- Newsom v. DickersonTennessee Supreme Court · 1823