State v. Drake

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

J. W. Butler, Judge. The complainant in this action alleges that on the 31st day ■of November, 1870, Clayburn Spears and Phoebe Dodd were, by the Randolph Probate Court, appoinced administrators of the estate of John S. Dodd, deceased, and as such entered into bond, as required by law, in the penal sum of $3000 with the defendants, Oscar Drake and A. W. James, as .sureties, which bond is made part of the complaint, and was conditioned among other' things that the said Spears…

Decided 1889-11-15

Per Curiam.

¶1administration: Settlement of accounts. The Probate Court’s settlement of the deceased administrator’s accounts, which is relied upon as the basis of the breach of the bond sued on, was made before the appointment of an administrator of the deceased administrator.

¶2As neither the principal nor his administrator was legally before the Probate Court at the time of the settlement, the judgment of the court was not binding upon the sureties in the bond. No breach is, therefore, alleged in the complaint, and the judgment sustaining the demurrer is right. Wycough v. State, 50 Ark., 102, and cases cited.

¶3Affirmed.