Judge of Probate v. National Surety Corp.

The petition cannot be entertained. Plaintiffs in interest have a plain adequate remedy at law. The statute, R. L., c. 364, s. 6, provides as follows: “Any person interested in a bond given to a judge may apply to the judge for an order for suit thereof, setting forth the claim intended to be recovered in such suit; and the judge may make the order, upon the applicant giving bond, with sufficient sureties, to pay the costs which may be adjudged against him.” Section 7 provides: “The name and residence of every person at whose request the order is made and suit instituted shall be endorsed on…