Poole v. Garrett

MARTIN, Chief Justice.

This is an appeal taken in an administration proceeding from a final order dismissing the petition of the appellant as ancillary administrator d. b. n. of the estate of Mertena Lee Poole, deceased, seeking a recovery from the appellee, Columbia Casualty Company, as surety upon the bond of John A. Garrett, former ancillary administrator of the same estate, charging an embezzlement of the assets by Garrett while serving in that capacity. The casualty company admitted its suretyship and the conversion of the assets by Garrett, but alleged that Garrett was at the same time…