Maryland Casualty Co. v. Simmons

WALKER, Circuit Judge.

This was an action against the plaintiff in error, Maryland Casualty Company, the surety on an administrator’s bond, seeking to recover the amount of an alleged devastavit by the principal in the bond. It was admitted that a court of competent jurisdiction had rendered a decree, in a case to which the principal was a party, adjudging that there had been a devastavit by him to the amount of the sum sued for. The bill of exceptions shows the following:

Upon it being made known to the court that the defendant proposed to offer evidence attacking the above-mentioned decree,…