1 F. 449 | U.S. Circuit Court for the District of Eastern Missouri | 1880
(orally.) This case was submitted upon a demurrer to the complainants’ bill. The bill is brought by the heirs of Mrs. Roberts, against her administrator and his sureties, charging fraud in the settlement of the accounts of the estate, and seeking to have a settlement of the amount due from the administrator, and to recover the same as against him and his sureties. The demurrer raises the question whether the two can be joined in one action — that is, a suit against the administrator to settle his accounts and to recover the balance, and nt the same time against his sureties to obtain judgment against them for whatever balance may be ascertained. That question has been fully settled by a case which went up from this court and was twice considered by the supreme court of the United States. Payne v. Hook, 7 Wall. 425; 14 Wall. 252, where the same question was fully considered, and the right to join the administration and his
The demurrer to the bill is overruled.