Reports of Civil And Criminal Cases Decided By the ..., volume 1; volume 24
Reports of Civil And Criminal Cases Decided By the ..., volume 1; volume 24
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In our eReader you can find the full English version of the book. Read Reports of Civil And Criminal Cases Decided By the ..., volume 1; volume 24 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Civil And Criminal Cases Decided By the ..., volume 1; volume 24
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Because there has been a breach of the bend* For what are bis securities responsible? A breach of the bond by the principal. When are they liable? Whenever the breach occurs. The principal cannot be sued before a breach. If, therefore, (as is beyond a doubt) an ad- ministrator or executor, can be sued on his official bond, as soon as "nulla bona" shall have been returned on an execution against him, bis securities may be made de- fendants to the same action. If there be any right of action on t...he bond, it must be entire, and will be legal, unless the legal remedy, by accident, is rendered Ineffectual.
In the cases of Taliaferro, &c. vs. Gaines, repotted by Call; Clark vs. Webb, &c. 2 H. and Md., 9, and Spotswood vs. Dandridge, &c., 4 Munford, 289, it is decided, that a suit in chancery may be maintained against an executor and bis securities, on their bond, before a devastavit is fixed on the executor by judgment* As the obligation of the bond is purely legal, we are at a loss to perceive why a suit at law, may not be brought oq it, as soon as any lability attaches to it.
What to read after Reports of Civil And Criminal Cases Decided By the ..., volume 1; volume 24?
You can find similar books in the "Read Also" column, or choose other free books by Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Because there has been a breach of the bend* For what are bis securities responsible? A breach of the bond by the principal. When are they liable? Whenever the breach occurs. The principal cannot be sued before a breach. If, therefore, (as is beyond a doubt) an ad- ministrator or executor, can be sued on his official bond, as soon as "nulla bona" shall have been returned on an execution against him, bis securities may be made de- fendants to the same action. If there be any right of action on t...he bond, it must be entire, and will be legal, unless the legal remedy, by accident, is rendered Ineffectual.
In the cases of Taliaferro, &c. vs. Gaines, repotted by Call; Clark vs. Webb, &c. 2 H. and Md., 9, and Spotswood vs. Dandridge, &c., 4 Munford, 289, it is decided, that a suit in chancery may be maintained against an executor and bis securities, on their bond, before a devastavit is fixed on the executor by judgment* As the obligation of the bond is purely legal, we are at a loss to perceive why a suit at law, may not be brought oq it, as soon as any lability attaches to it.
What to read after Reports of Civil And Criminal Cases Decided By the ..., volume 1; volume 24?
You can find similar books in the "Read Also" column, or choose other free books by Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell to read onlineMoreLess
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