Nutting v. Boardman
Supreme Court of Georgia
Principal and surety. Administrators. Before Judge Cole. Bibb Superior Court. October Term, 1870. See the bill by which this cause was begun in Southwestern Railroad Company vs. Thomason, 40 Georgia Reports, 408. By amendment it was averred that Charles A. Nutting, Cubbedge & Hazlehurst et al., bought said stock, and the prayer was to follow it in their hands.
Read the full summary
Principal and surety. Administrators. Before Judge Cole. Bibb Superior Court. October Term, 1870. See the bill by which this cause was begun in Southwestern Railroad Company vs. Thomason, 40 Georgia Reports, 408. By amendment it was averred that Charles A. Nutting, Cubbedge & Hazlehurst et al., bought said stock, and the prayer was to follow it in their hands. In their answers they said the wrong was in Usher, administrator, in making the illegal sale, and that he, and not they, should respond. And Usher being insolvent, they prayed that his securities on his administration bond, Boardman et…
1Opinion of the Court
Lochrane, Chief Justice.
The complainants brought their bill to recover back railroad stock alleged to have been illegally sold by the administrator of an estate which they claimed as heirs, etc., to the defendants. The answers contained by way of cross-bill, a prayer that the securities of the administrator bo made parties. A demurrer was filed to this portion of the answers, which the Court sustained, and dismissed the cross-bills.
We affirm, the judgment of the Court below in this case. We recognize the rule of law binding the administrator and his securities to respond for any devastavit of…
2Cited by1 opinion
- Ravenscraft v. PrattSupreme Court of Kansas · 1879