Williams v. State ex rel. Johnson

The complaint of the appellee’s relators is upon a bond executed by Bernard B. Daily as principal and the appellant as surety, conditioned for the faithful performance of the duties of commissioner to sell real estate, pursuant to an interlocutory order made in a suit for partition. The complaint shows that Daily is dead, but does not show that any administrator has been appointed.

The first point made in argument is, that there is a defect of parties defendants, in that the representative of the estate of the deceased obligor was not joined as defendant. The demurrer is not so framed as to…