Mitchell v. Turner

Bell, Justice.

1. Where, in an equitable action by an administratrix de bonis non, against the surety on the bond of her deceased predecessor and another person as alleged fraudulent grantee of the surety, the plaintiff sought injunction, cancellation, and a money judgment for assets re- , ceived and unaccounted for by the former administrator, and where, on exceptions by the defendants to the overruling of general and special demurrers to the petition, this court held that the petition set forth a legal and equitable cause of action as against a general demurrer, such ruling was binding in…