Judge of Probate v. Kimball
Superior Court of New Hampshire
Debt on a bond, made on the 17th of March, 1817, by Thomas Kimball, as principal, and John Kimball, and David Rundlet, now deceased, as sureties, to Daniel Gookin, esquire, late judge of probate, in the penal sum of $2000. The writ was served on John Kimball only, who confessed a breach of the condition of the bond, and prayed to be heard in chancery ; and the ease was submitted to the court upon a statement of facts.
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Debt on a bond, made on the 17th of March, 1817, by Thomas Kimball, as principal, and John Kimball, and David Rundlet, now deceased, as sureties, to Daniel Gookin, esquire, late judge of probate, in the penal sum of $2000. The writ was served on John Kimball only, who confessed a breach of the condition of the bond, and prayed to be heard in chancery ; and the ease was submitted to the court upon a statement of facts. The bond was made by Thomas Kimball, as executor of the last will of Samuel Wormell, deceased, with a condition that he should return a true and perfect inventory of the estate…
1Opinion of the CourtParker, C. J.
The statute of July 2, 1822, provides that any person interested in a bond given to the judge of probate, and aggrieved by a breach of the condition, shall, on application to the judge of probate, have an order for a suit upon it. 1 N. H. Laics 371. Rut it does not require the judge to appoint a day of hearing, or cause a notice to be given to the obligors, before making such order. In many cases this might defeat the end proposed, viz : that of procuring security upon the institution of the suit. The matter rests in the discretion of the judge, whether or not to issue such notice before…
2Cases cited6 opinions
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Pickering v. PickeringSuperior Court of New Hampshire · 1833
- Judge of Probate v. BriggsSuperior Court of New Hampshire · 1829
- Piper v. PiperSuperior Court of New Hampshire · 1822
- Veazey v. WhitehouseSuperior Court of New Hampshire · 1839
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