Stewart v. Treasurer
Ohio Supreme Court
This was a writ of error to a judgment of the court of common pleas, rendered against the plaintiff in error, in favor of the defendant in error. It was an action of debt brought upon an administration bond, the defendants being securities, and the writ, as against the administrators, being returned not found. The declaration set out the granting of administration, and the execution of the bond.
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This was a writ of error to a judgment of the court of common pleas, rendered against the plaintiff in error, in favor of the defendant in error. It was an action of debt brought upon an administration bond, the defendants being securities, and the writ, as against the administrators, being returned not found. The declaration set out the granting of administration, and the execution of the bond. It then averred a judgment in favor of McAdams against the administrators, and that assets to a certain amount had come to their hands, which they had wasted; but it contained no averment that any…
1Opinion of the Court
By the Court :
The principal question to be decided in this case is, whether, in an action upon an administrator’s bond, brought against the administrator and his securities, the fact of a *devastavit by the administrator can properly be put in issue and tried and determined. The statute 1 Hen. VIII., c. 5, directed the taking of surety for the true administration of goods, chattels, and debts. The statute of 22 and 23 Car. II., c. 10, commonly called the statute of distribution, declares “ that all ordinaries and ecclesiastical judges, upon granting administration, shall take a bond of the…
2Cases cited5 opinions
- Coney v. WilliamsMassachusetts Supreme Judicial Court · 1812
- Terry v. OlcottSupreme Court of Connecticut · 1823
- Butterworth v. SoperNew York Supreme Court · 1816
- Eppes's Administrators v. SmithSupreme Court of Virginia · 1815
- King v. BeelerCourt of Appeals of Kentucky · 1815
3Cited by5 opinions
- Mitchell v. Industrial CommissionOhio Court of Appeals · 1936
- Spring Hill Townhomes v. PoundsOhio Court of Appeals · 2014
- In re OliverDistrict Court, S.D. Ohio · 1968
- Hill v. HillOhio Court of Appeals · 2017
- Jet ICU Leasing, Inc.United States Bankruptcy Court, M.D. Florida · 2020