Chaplin v. National Surety Corp.

This action, brought to recover of the surety the penalties of two probate bonds, is before us on report on an agreed statement of facts. There are *497six counts in the declaration, three of which apply to a bond dated November 28, 1921 in the penal sum of $2,000, and the other three to an additional bond in a like amount dated January 80, 1933. No permission to sue on the second bond has been obtained from the Judge of Probate, as required by R. S. 1930, Chap. 86, Sec. 17; and there is accordingly no jurisdiction to enter any judgment with respect to it. We are therefore concerned solely with…