State ex rel. Richardville v. Brutch

This was a suit by an administrator, against the surety of a former administrator of the same estate, upon a bond given by him to enable him to sell real estate.

The answer averred that the former administrator had legally and fully administered the assets which had come to his hands, &c., with the exception of 892 dollars, for which sum a judgment had theretofore been recovered against said defendant and his co-surety, &c., which had been fully paid, &c., and that it was the same cause, &c.

The reply admitted the recovery and payment of the judgment, &c., but averred that at the time said suit…