United States v. Agee
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Alabama. Joel Bertrand Bullard was appointed postmaster at Mexia, Ala., on June 15, 1898. He gave bond in the form required by law, in the sum of $1,500, payable to the United States, with W. P. Agee, D. A. Frye, George Staffens, and C. D. Slaughter as sureties.
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In Error to the District Court of the United States for the Southern District of Alabama. Joel Bertrand Bullard was appointed postmaster at Mexia, Ala., on June 15, 1898. He gave bond in the form required by law, in the sum of $1,500, payable to the United States, with W. P. Agee, D. A. Frye, George Staffens, and C. D. Slaughter as sureties. As such postmaster Bullard received sums of money and became indebted to the United States on his money order account to the amount of $1,116.01. On demand made upon him and his sureties they failed and refused to pay this sum, and thereby made á breach…
1Opinion of the Court
¡álIELBY, Circuit Judge,
after stating ilie case as above, delivered the opinion of the court.
At common law, if the contract sued on be several, or joint and several, the executor or the administrator of a deceased obligor may be sued at law in a separate action, but he could not be sued jointly with a surviving obligor. The reason given for not permitting the joint suit is that the one is to be charged de bonis testatoris and the other de bonis propriis. 1 Chit. PI. (8th Am. Ed.) 50. Whatever changes in this rule have been made by the legislature in Alabama are applicable in the federal…
2Cases cited12 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Merritt v. BagwellSupreme Court of Georgia · 1883
- Moore v. Waco Building Assn.Court of Appeals of Texas · 1898
- Sawin v. KennySupreme Court of the United States · 1876
- Erwin v. FergusonSupreme Court of Alabama · 1843
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3Cited by1 opinion
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