Miller v. Gee
Supreme Court of Alabama
Wkit of Error to the Circuit Court of Wilcox county. Action of debt on an administration bond. The declaration sets out the bond, and recites that the plaintiff recovered a judgment in the Circuit Court of Wilcox county, at the fall term, 1836, against one Sterling H. Gee, as the administrator of Joseph Gee, deceased, upon which he sued out a writ of fieri facias, against the said administrator, to be levied of the goods and chattels of the intesl ate in his hands to be…
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Wkit of Error to the Circuit Court of Wilcox county. Action of debt on an administration bond. The declaration sets out the bond, and recites that the plaintiff recovered a judgment in the Circuit Court of Wilcox county, at the fall term, 1836, against one Sterling H. Gee, as the administrator of Joseph Gee, deceased, upon which he sued out a writ of fieri facias, against the said administrator, to be levied of the goods and chattels of the intesl ate in his hands to be administered, which writ was returned nulla bona. The declaration then avers, that at the time of the rendition of the said…
1Opinion of the CourtGoldthwaite, J.
Although the bond of an exeeutor is not expressly required by any statute to be recorded, it is nevertheless a document which is committed: to the custody of the Clerk, and cannot be taken from his office without a violation of his duty. There may be cases, possibly, when its withdrawal might be warranted by an order of the Orphans’ Court* but ordinarily it should remain with the other papers, appertaining to the administration. By the thirteenth section of the act of 1806, [Digest 177, §3,] it is provided that such a bond shall not become void on the first recovery, and may be put in suit…
2Cited by6 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Wright v. LangSupreme Court of Alabama · 1880
- Amason v. NashSupreme Court of Alabama · 1854
- Dean v. PortisSupreme Court of Alabama · 1847
- Ward v. YongeSupreme Court of Alabama · 1871
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