Mathews v. Council

• Decision Date: 13 May 1895
• Citation: 22 S.E. 335,96 Ga. 780
• Parties: MATHEWS. v. COUNCIL et al.
• Court: Georgia Supreme Court

22 S.E. 335

96 Ga. 780

MATHEWS.

v.COUNCIL et al.

Supreme Court of Georgia.

May 13, 1895.

Action on Administrator's Bond—Sufficiency of Declaration.

Under the decision of this court in the case of Gibson v. Robinson, 16 S. E. 969, 90 Ga. 756, the plaintiff's declaration in the present case set forth a good cause of action, and it was error to dismiss the same on demurrer.

(Syllabus by the Court.)

Error from superior court, Montgomery county; C. C. Smith, Judge.

Action by George N. Mathews against James Council, administrator, and others, on an administrator's bond.Brought forward from the last term.Code, §§ 4271a-4271c.Prom an order sustaining a demurrer to the complaint and dismissing the action, plaintiff brings error.Reversed.

The following is the official report:

George N. Mathews sued James Council and five others upon an administrator's bond, for the recovery of $84.91, with interest and rosts.On demurrer for want of a cause of action alleged, the declaration was dismissed, and plaintiff excepted.He alleged that on July 4, 1892, defendants entered into an administrator's bond, jointly and severally obligating themselves, in the sum of $20,000, that James Council should administer according to law upon the estate of David Williams, deceased; that the estate which went into the hands of the administrator to be administered was of the value of $10,000, or other large sum; that Williams, at his death, was indebted to plaintiff $84.91 upon an account, which the administrator failed...