State ex rel. Garrett v. Crawford

Citations

• 23 Fla. 289

Syllabus

<p>Where a iudsrment is obtained against an administrator de bonis non and a return on the execution issued on said judgment of nulla bona, and a suit then instituted against the administrator individually upon his bond and surety suggesting a devastavit, a plea by the administrator and his surety to the action on the judgment and administration bond, that after the obtaining of , said judgment and before suit on the administrator’s bond, that the administrator had made a written suggestion of the insolvency of the intestate’s estate to the County Judge of the county from which' the administration was granted, and had filed a schedule -of all the estate of his intestate before said County Judge, and that said County Judge had, by his order, that was unrevoked or amended, made a pro rata distribution among the creditors of said estate, and had awarded $330 as the pro rata share of said estate to said judgment, and that he brought said sum into court and tendered the same to the plaintiff. Upon demurrer, to said plea, Held: That said demurrer should be overruled, and the plaintiff refusing to plead over to' said plea jugdment for the $330 confessed in said plea in favor of the plaintiff was proper.</p>