Cox v. MacKenzie

KELLY, Superior Judge.

In the court below judgment was rendered against defendants for the recovery of the amount of a claim of plaintiff as a creditor presented in the course of settlement of an estate of which the individual defendant and appellant was administrator and his corporate co-party the surety upon his official bond. That judgment is here for review. The circumstances out of which this litigation has grown are unfortunate and extraordinary.

In years past, the elapsed time being unimportant for no questions of limitations’ or of laches enter into the cause, the individual defendant…