Kirk v. United States Fidelity & Guaranty Co.

The proceedings herein were instituted pursuant to sections 11984 and 11985 of the Code, 1931. Section 11984 provides that if an executor fails to make any payment in accordance with an order of court, any person aggrieved thereby may, on 10 days notice to him and his surety, apply to the court for judgment against them on their bond. Section 11985 provides that the court shall hear the application in a summary manner and may render judgment against them for the amount of money directed to be paid. The word “summary” is sometimes interpreted as analogous to the word “brief”. Such…