McNamara v. O'Brien

Citations

• 2 Wyo. 424

Syllabus

<p>Petition in Error : Administbatob to Determine When to Prosecute. — Where an administrator refused to prosecute a petition in error, and tlie surety upon the supersedeas bond moved for leave to prosecute, Be Id, That the administrator had the right to determine Whether the interests of the estate required that the prosecution be continued or abandoned, and that his refusal to appear and prosecute must he treated as conclusive evidence =of his election not to prosecute.</p> <p>Idem. — In no event could the surety on the supersedeas bond he allowed to prosecute; that would be to allow him to control the prosecution, to interfere with the trust, and to deprive the administrator of the power to protect the estate.</p>