Dobbins v. Halfacre
Mississippi Supreme Court
Error to tbe Circuit Court of Winston County. Hon. J. A. Orr, Judge. „ Tbe facts in tbis case are sufficiently stated in tbe opinion of tbe court. It is assigned for error that tbe court erred in sustaining tbe demurrer to tbe plaintiff’s declaration.
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Error to tbe Circuit Court of Winston County. Hon. J. A. Orr, Judge. „ Tbe facts in tbis case are sufficiently stated in tbe opinion of tbe court. It is assigned for error that tbe court erred in sustaining tbe demurrer to tbe plaintiff’s declaration. Insisted that tbe declaration was sufficient to show tbe devas-tavit, and cited Code of 1871, § 611; 39 Miss., 785; 23 ib., 291; Code, 1871, § 1180; 50 Miss., 575; ib., 766; 6 How., ‘73; 12 S. & M., 439. Insisted that tbe sureties on an administrator’s bond cannot be sued until tbe amount and liability of tbe administrator is fixed by a coui't…
1Opinion of the Court
Simrall, C. J.,
delivered tbe opinion of tbe court.
' An action of debt was brought by W. D. Dobbins, usee, against Jacob Halfacre, principal, and Coleman and Grillis, .sureties on tbe bond of the said Jacob, conditioned for tbe true and faithful and prompt performance of all tbe duties required of him by law, or tbe order of tbe court, as administrator of tbe goods * * * of H. L. Halfacre, deceased.
Tbe declaration alleges tbe recovery by Dobbins, in tbe circuit court of Winston county, of a judgment against Jacob Halfacre, administrator of H. L. Halfacre, for tbe sum of $707, and costs of…
2Cited by2 opinions
- Lawson v. DeanMississippi Supreme Court · 1926
- Whitfield v. EvansMississippi Supreme Court · 1879