Pinkstaff v. People

This was an action brought by the guardian of the infant children of Mary E. Hyde, deceased, against the sureties, upon a second or additional bond given by her administrator. The breach in the declaration is, the refusal of the administrator to pay over to the guardian the money belonging to the heirs. A recovery is resisted on the ground, that the assets came into the hands of the administrator, and, as averred in the plea and admitted by the demurrer, were appropriated by him to his own use, before the execution of the second bond. This bond was not given on the application of the sureties…