E. L. Martin & Co. v. Davis' Administator

Opinion op the Court by

Commissioner Stanley—

Reversing.

The appellant, E. L. Martin & Co., brought this suit against appellees, 'J. M.,.Dun,’s administrator, and. W. 0-Davis’ administrator, seeking to .recover under, a bond executed by their decedents under sectiqn 221, Civil Code, in another action. It was averred that the estate of Dun was insolvent, and' also that verified claim had'been .filed with'Davis'’ administrator. The'latter filed an unsigned and unverified motion to dismiss the petition' for want of proper demand and verification'. The next day he filed an answer traversing* the…