Paddleford v. State
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. The defendant in error, to recover a balance found due, Jan. 14, 1878, on final settlement of an estate, filed a declaration on the administration bond, alleged to be signed by Joseph E. Davis as principal, and T. D. Paddleford and S. S. Heard as sureties, and also filed, therewith, a bond signed by these persons, conditioned in the form prescribed by Code 1871, § 1118, except that it failed to state…
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Error to the Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. The defendant in error, to recover a balance found due, Jan. 14, 1878, on final settlement of an estate, filed a declaration on the administration bond, alleged to be signed by Joseph E. Davis as principal, and T. D. Paddleford and S. S. Heard as sureties, and also filed, therewith, a bond signed by these persons, conditioned in the form prescribed by Code 1871, § 1118, except that it failed to state which of the “ above bound ” obligors was administrator. The suit was dismissed as to Davis. Paddleford and Heard pleaded…
1Opinion of the CourtCampbell, J.
An examination of the whole record of the grant of administration removes all uncertainty as to the bond. The perusal of the condition suggests no incurable uncertainty as to who is administrator. It recites that the “ above bound ” are administrator. Three persons were the “ above bound,” all of whom were administrator, according to the recital; but the extrinsic evidence shows that Davis was administrator, and the other persons were sureties on his bond as such. The bond was declared on, according to its legal effect, and was properly admitted in evidence.
*121The discharge in bankruptcy of…
2Cases cited5 opinions
- Riggin v. MagwireSupreme Court of the United States · 1873
- Jones & Cullom v. KnoxSupreme Court of Alabama · 1871
- McMinn v. . AllenSupreme Court of North Carolina · 1872
- Reitz v. People ex rel. StarkIllinois Supreme Court · 1874
- Jacobson v. HorneMississippi Supreme Court · 1876
3Cited by1 opinion
- Harmon v. McDonaldMassachusetts Supreme Judicial Court · 1905