Farris v. Berry

Citations

• 33 Tex. 701

Syllabus

<p>1. When there had been joint administrators on an estate, snit could not be maintained against one of them and tho sureties on the joint bond, no legal cause being shown for not joining tho other administrator; and in the present case, brought against one only of joint administrators, this eour'i not only reverses the judgment by default in favor of the plaintiff, hut dismisses the suit. (Paschal’s Digest, Art. 1449.)</p> <p>3. When an administrator and the sureties on his bond have been jointly sued, it is error to permit the plaintiff to dismiss as to the administrator and take judgment by default against the sureties.</p>