Overton v. Woodson
Supreme Court of Missouri
Error to JacJeson Circuit Court. The bond being a joint one, each executor is bound for all the acts of his co-executor in relation to tbe estate. 9 Yt. Rep. 80. 5 Pick. 96. 1 Swift’s Dig. 449. Tbe plaintiff in error was not relieved from responsibility by turning tbe assets over to bis co-executor. 7 East, 246. 11 Yesey, 252, 338. 7 Yesey, 194. 1 P. Williams, 241, and note. 3 Bacon’s Abridg. 32.
1Opinion of the CourtRyland, Judge
The defendants in error, plaintiffs below, commenced their suit in the Jackson Circuit Court, by assumpsit and attachment against the plaintiff in error, at the September term of said court, 1849. The plaintiff in error appeared at a subsequent term and filed bis plea. Neither party requiring a jury, the cause was tried by the court, which found for the plaintiffs below, and assessed their damages at the sum of eleven hundred and fifty-six dollars and fifty-eight cents, and rendered judgment in their favor for that amount and costs. The plaintiff in error moved the court for a new trial; also…
2Cases cited1 opinion
- Babcock v. HubbardSupreme Court of Connecticut · 1818
3Cited by2 opinions
- Sperb v. . McCounNew York Court of Appeals · 1888
- Clay v. SeveranceSupreme Court of Vermont · 1883