Great American Indemnity Co. v. Jeffries

This is an action seeking recovery against the plaintiff in error, surety on an administratrix’s bond, because of a devastavit committed by the administratrix. The sole defense was that the surety had been discharged from the bond by order of the ordinary before the devastavit occurred. The reply was that the judgment which purported to discharge the surety was ineffective. The trial court so held, and that ruling is now before us on review. The case may be said to involve a collateral attack on the judgment mentioned. There has been no direct proceeding to set it aside. On November 28, 1932,…