White v. Quarles
Massachusetts Supreme Judicial Court
The plaintiff, in an action originally commenced in the Common Pleas, declares in debt upon a bond dated November 13, 1806, made by the defendant, and two others since deceased, payable to Samuel Holten, Esq., then judge of probate for this county, and to his successors in said office; and avers that he is the lawful successor of the said Holten in the said office.
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The plaintiff, in an action originally commenced in the Common Pleas, declares in debt upon a bond dated November 13, 1806, made by the defendant, and two others since deceased, payable to Samuel Holten, Esq., then judge of probate for this county, and to his successors in said office; and avers that he is the lawful successor of the said Holten in the said office. The condition of the bond (a copy of which came up in the case) reciting that the Supreme Judicial Court, on the petition of John Fullington, the principal in the bond, had authorized him, as guardian of one Mary Brown, a minor, to…
1Per curiam
It does not appear, by any thing on the record',
that the bond declared on is, in a legal sense, a probate bond ; so that a want of jurisdiction in the Circuit Court of Common Pleas does not appear in the proceedings.
But it appearing in the declaration that the bond was given to Samuel Holten, Esq., judge of probate, &c., and to his successors m office, and the action being brought in the name of the present judge, as his successor, if it is not a probate bond, the action was not rightly brought; because the present plaintiff would, in such case, have no legal interest in the bond. The action…
2Cited by4 opinions
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