Leath v. Hardman

This is an affidavit of illegality to an execution issued on a criminal recognizance bond against the administrator of the surety. The grounds of illegality are that the bond was forfeited after the death of the surety and before the appointment of an administrator, and that the judgment against the administrator was rendered prior to the expiration of twelve months from the date of his appointment. It appears that after the forfeiture of the bond and the issuance of the rule nisi, the administrator was made a party in the proceeding, and judgment was rendered against him and the principal,…