Metropolitan Finance Corp. v. Maryland Casualty Co.

The petitioner was authorized by a decree of the Probate Court to bring an action on the bond of the administrator of the estate of Winifred P. Boylan. The surety on the bond appealed. The petitioner has moved that the appeal be dismissed, contending that the decree is not appealable. The motion must be allowed.

With respect to the subject of appeal there is a distinction between a decree granting leave to sue on the bond of an administrator and one denying it. In the case of a refusal an appeal lies. Robbins v. Hayward, 16 Mass. 524, 528. Jones, appellant, 8 Pick. 121. Fay v. Rogers, 2 Gray,…