Legal Opinion

Smith v. Rhodes

Ohio Supreme Court

Decided June 16, 1903PublishedCited by 20 opinions

Error to the Circuit Court of Sandusky County. On February 13, A. D. 1875, George F. Wilt, one of the defendants in error, was 'appointed administrator of the estate of his father, Harrison Wilt, deceased, which appointment was accepted and letters of administration were duly issued. The administrator gave bond, which was approved, in the sum of $4,000, conditioned according to law, with J. E. Smith, plaintiff in error, as one of his sureties.

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Error to the Circuit Court of Sandusky County. On February 13, A. D. 1875, George F. Wilt, one of the defendants in error, was 'appointed administrator of the estate of his father, Harrison Wilt, deceased, which appointment was accepted and letters of administration were duly issued. The administrator gave bond, which was approved, in the sum of $4,000, conditioned according to law, with J. E. Smith, plaintiff in error, as one of his sureties. Having so qualified Ire entered npon the duties of his trust. Ocoie of the provisions of said bond is: “Fourth. Shall pay any ’balance remaining in his…

1Opinion of the Court

The parties to this proceeding submitted their controversy to a juiry, and we assume that it was properly instructed by the court, inasmuch as the charge is not found in the printed record, nor is fault found with it in the brief for plaintiff in error.

Complaint is made that the trial court erred ini excluding evidence offered by the defendants below, and aliso erred in not permitting them to amend their answers during the progress of the trial.

The action was against George F.' Wilt, as principal, and the plaintiff in- error, as -his surety, on the administrator’s bond. The record shows that…

2Cited by20 opinions

  1. State v. ChapinOhio Supreme Court · 1981
  2. State v. GilmoreOhio Supreme Court · 1986
  3. State v. HipkinsOhio Supreme Court · 1982
  4. State v. RiversOhio Court of Appeals · 1977
  5. State v. WilliamsOhio Court of Appeals · 2012

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