Stose v. People
Illinois Supreme Court
This was an action of debt on a bond, commenced by an attachment, the affidavit for which recites that Julius Rosenthal is administrator de bonis non, with the will annexed, of the estate of George Frederick Heym, deceased.
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This was an action of debt on a bond, commenced by an attachment, the affidavit for which recites that Julius Rosenthal is administrator de bonis non, with the will annexed, of the estate of George Frederick Heym, deceased. That Frederick Weis, formerly executor of said estate, but lately removed from office of executor by the County Court of Cook county, Illinois, and Clemens Stose, survivors of Andrew Getzler, deceased, are jointly indebted and liable to the People, etc., to the use of Rosenthal, upon the official bond of said Weis, as executor as aforesaid, by reason of the breaches of the…
1Opinion of the CourtBreese, J.
As to the form of the judgment entered in this cause, it was clearly wrong. The action was debt on a bond for the penalty. The judgment should have been entered for the penalty, as the debt, to be discharged by the payment of such damages, as might be proved and the jury or court find.
But this is now immaterial, as our decision is upon the merits. The plaintiff has shown no cause of action whatever. As administrator de bonis non, he cannot call the prior administrator to account. There is no responsibility of that nature. The first administrator and his sureties are responsible to the…
2Cases cited3 opinions
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
- Newhall v. TurneyIllinois Supreme Court · 1853
- M'Intire v. JohnsonCourt of Appeals of Kentucky · 1815
3Cited by4 opinions
- Duffin v. AbbottIllinois Supreme Court · 1868
- Wilkinson v. NowersAppellate Court of Illinois · 1920
- In re Voluntary Assignment of Richart & CampbellAppellate Court of Illinois · 1895
- In re WatsonDistrict Court, D. Vermont · 1882