State ex rel. Phillips v. Rush

This is a suit on an executor’s bond. The only allegation in the petition as to the execution of the bond, is that the defendants “ by their certain writing obligatory, * * sealed with their seals, became bound unto the State of Missouri in the penal sum of $30,000, for the just payment of which they bound themselves, their heirs,” etc. The circuit court sustained a demurrer to the petition for the reason that the foregoing allegation did not amount to an averment that the defend*587ants, or either of them, executed the writing obligatory therein mentioned; and the plaintiff declining to amend,…