Boyd v. Richie

(dissenting) : I favor the affirmance of the order of his Honor, Judge Mann, sustaining the demurrer of the defendant to the complaint, for the reasons which follow:

The sole question in the appeal is whether the surety upon an administrator’s bond may be held liable to the extent of the bond for the failure of the administrator to properly distribute the proceeds of a judgment recovered by him for damages on account of the wrongful death of the intestate. The order of his Honor, the Circuit Judge, held not; the plaintiff has appealed.

The pertinent facts are clearly set forth in the opinion of…