Commonwealth v. Magee

Citations

• 220 Pa. 201
• 69 A. 805
• 1908 Pa. LEXIS 750

Syllabus

<p>Executors and administrators — Principal and surety — Bond—Premature suit</p> <p>A suit prematurely brought on an administrator's bond before final decree in the orphans’ court, is not saved by anything contained in sec. 6 of the Act of June 14, 1836, P. L. 637, which provides for intervention in an action brought on a bond in the name of the commonwealth at the suggestion of the party injured. The designation in the act of “any other person,” cannot be construed to include one who has brought an action on a bond when no one has a right of action, and no one with a subsequently acquired right has intervened.</p>