Chaquette v. Ortet

Citations

• 60 Cal. 594
• 1882 Cal. LEXIS 512

Syllabus

<p>Sureties op Administrator—Action por Accounting—Equity.—Where an administrator dies without rendering an. account, jurisdiction to compel an accounting vests in the appropriate Court of Equity; and it would seem that the adjustment of the account by that Court is a prerequisite to an action against the sureties.</p> <p>Id.—Id.—Id.—Judgment against Principal—Maxim.—In such am action, where the sureties were made parties, but were afterwards dismissed, upon their objection by demurrer to being joined, the decree is conclusive against them, and they can not he heard to object that they were not parties. To this the maxim alligans contraria non est audiendus applies.</p> <p>Id.—Id.—Id—Judgment.—Breach op Bond.—The judgment, in such an action, does not come within the provisions of Section 1504, C. C. P., requiring a copy of the judgment to he filed among the papers of this case, hut, so far at least as the enforcement of the payment, it directs against the estate of the deceased, it is to be regarded in the light of a decree of the Probate Court settling the account and directing payment; and the failure of the administratrix of the administrator to make the payment constitutes a breach of the bond, for which the sureties are liable.</p> <p>Judgment—Pleading.-—In pleading a judgment, it is sufficient to allege that the same remains unpaid and in full force. It is unnecessary to allege that the judgment was never appealed from.</p>