Irwin v. Backus

Citations

• 25 Cal. 214

Syllabus

<p>Sureties on an Administrator’s Bond.—In an action against the sureties on an administrator’s bond for a breach of the bond by the principal, the proceedings taken in the Probate Court in passing on an account rendered by the administrator, and a decree rendered therein directing the administrator to pay over a sum found remaining in his hands, are admissible in evidence against the sureties, although the sureties were not parties to the same.</p> <p>Same.—Such decree is equally conclusive upon the administrator and his sureties; and upon the refusal of the administrator to obey the same, the liability of the sureties attaches, and they cannot go behind the decree to inquire into the merits of the matter therein passed on.</p> <p>What Sureties may show in Defense.—The sureties may show in defense either that the bond was not made, or that the decree was not made, or that the same has been obeyed, or that the same was obtained by fraud or collusion.</p> <p>Sureties on Official Bonds.—As a general rule, sureties upon official bonds are not concluded by a decree or judgment against their principal, unless they have had their day in Court, or an opportunity to he heard in their defense; but administration bonds form an exception to this general rule.</p>