Kyle v. Mays
Supreme Court of Alabama
Error to the Circuit Court of Coosa. Tried before the Hon. John D. Phelan. This was an action of debt on an administrator’s bond, in the name of the judge of the County Court, for the use of Isaac P. Pond, against the plaintiff in error, as the surety of William E. Hatchett..
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Error to the Circuit Court of Coosa. Tried before the Hon. John D. Phelan. This was an action of debt on an administrator’s bond, in the name of the judge of the County Court, for the use of Isaac P. Pond, against the plaintiff in error, as the surety of William E. Hatchett.. The declaration alleges the appointment of the said William E. Hatchett as administrator of Thomas Hatchett, deceased, the execution of the bond sued on, a final settlement of the estate and a decree thereon rendered against the administrator in favor of said Isaac P. Pond, in right of his wife, who was one of the…
1Opinion of the CourtUoldthwaite, J.
The first question presented upon the record, is, as to the correctness of the action of the court he-lo w in overruling the demurrer to the declaration. In this there was no error. The action was brought upon an administration bond, .suggesting a devastavit against the administrator. It avers the execution of the bond, a final settlement of the estate by the administrator, the rendition of a decree against *694bim, in favor of the party for whose use tbe action was brought, as one of the distributees of the estate; that the decree is unreversed, and that the administrator did not truly…
2Cases cited4 opinions
- Watts v. GayleSupreme Court of Alabama · 1852
- Haynes v. WheatSupreme Court of Alabama · 1846
- Thomson v. SearcySupreme Court of Alabama · 1838
- Murray v. CharlesSupreme Court of Alabama · 1843
3Cited by11 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Gunn v. HowellSupreme Court of Alabama · 1859
- Sims v. BoyntonSupreme Court of Alabama · 1858
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