Harrell v. . Hare

The plaintiff declared on a guardian bond for the sum of (658) $3,000, executed by one James Clark, as guardian of plaintiff in 1850, with J. B. Hare and W. M. Montgomery as sureties.

The action was brought against W. S. Stephenson, as administrator of James Clark, deceased, John W. Harrell, administrator of W. H. Montgomery, and J. B. Hare.

When the case was called, the plaintiff entered a nol. pros. as to Stephenson and Harrell, and announced himself as ready as to Hare.

Defendant moved to dismiss the action, because the administrator of Clark, a necessary party to the action, had been nol.…