Choate v. Jacobs
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT upon a bond executed to the judge of probate by the defendant Jacobs, as principal, and William P. Clark, who alone defended, and Charles L. Pierce, as sureties, and conditioned for the faithful performance by Jacobs of his duties as administrator of the estate of Joshua H. Poole; the first action being brought for the benefit of the widow of. Poole, and the second for the benefit of the widow and next of kin of Poole.
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Two ACTIONS OF CONTRACT upon a bond executed to the judge of probate by the defendant Jacobs, as principal, and William P. Clark, who alone defended, and Charles L. Pierce, as sureties, and conditioned for the faithful performance by Jacobs of his duties as administrator of the estate of Joshua H. Poole; the first action being brought for the benefit of the widow of. Poole, and the second for the benefit of the widow and next of kin of Poole. Trial in this court, before Eield, J., who reported the cases for the consideration of the full court The facts sufficiently appear in the opinion.
1Opinion of the CourtDevens, J.
The defendant Clark, the surety on the bond in suit, objects, in regard to both these actions, that, when the order of the Probate Court was made, authorizing the bringing these suits upon the bond, the whole matter had been transferred to this court; and that, although a decision had been rendered affirming the decree of the Probate Court reforming the account of the administrator, and remitting the case for further proceedings, the certificate thereof not having then been filed in the Probate Court, it had at the time no jurisdiction to make such an order. The decree of the Probate Court…
2Cases cited8 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Brooks v. JacksonMassachusetts Supreme Judicial Court · 1878
- White v. WeatherbeeMassachusetts Supreme Judicial Court · 1879
- Almy v. CrapoMassachusetts Supreme Judicial Court · 1868
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3Cited by9 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- McIntire v. MowerMassachusetts Supreme Judicial Court · 1910
- Koutoudakis v. Great American Indemnity Co.Massachusetts Supreme Judicial Court · 1934
- Mansfield v. HoltonSupreme Court of New Hampshire · 1907
- Brigham v. ElwellMassachusetts Supreme Judicial Court · 1888
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