O'Conner v. State ex rel. Potter's Adm'r
Ohio Supreme Court
This is a writ of error to the Court of Common Pleas of Brown county. The principal facts in the ease are as follows: .On the 8th of May, 1838, Marcus Dennison was appointed, by the court of common pleas of Brown county, administrator, with the will annexed, of the estate of Joseph Potter, deceased. Peter O’Conner and William Middleton, who had deceased before the present suit was brought, became Dennison’s sureties, on his administrator’s bond.
Read the full summary
This is a writ of error to the Court of Common Pleas of Brown county. The principal facts in the ease are as follows: .On the 8th of May, 1838, Marcus Dennison was appointed, by the court of common pleas of Brown county, administrator, with the will annexed, of the estate of Joseph Potter, deceased. Peter O’Conner and William Middleton, who had deceased before the present suit was brought, became Dennison’s sureties, on his administrator’s bond. At the August term, 1841, of the court of common pleas in Brown county, the will of Joseph Potter was set aside by the decree of said court; and…
1Opinion of the CourtCaldwell, J.
The principal objection urged by counsel to the proceedings of the court below is, that an administrator de bonis non cannot bring a suit against a former administrator; that the judgment against Dennison not being one that Adkins, as administrator, could bring, O’Conner was in no way bound by it; and that the second breach, without such averment of the judgment, would not be good. We are referred to a number of decisions which counsel contend establish the doctrine, that an administrator de bonis non cannot, in a case of this kind, maintain an action against the former administrator. In…
2Cited by6 opinions
- Belcher Sugar Refining Co. v. St. Louis Grain Elevator Co.Supreme Court of Missouri · 1884
- Anderson v. MessingerCourt of Appeals for the Sixth Circuit · 1906
- Messinger v. AndersonCourt of Appeals for the Sixth Circuit · 1909
- Opinion No., Oklahoma Attorney General Reports1974
- Opinion No. 68-380 (1968) Ag, Oklahoma Attorney General Reports1968
1 more not listed; retrieve them via the Exa API.