46 Vt. 60 | Vt. | 1873
The opinion of the court was delivered by
This is scire facias upon a bond of recognizance, taken to - the treasurer of Orleans county, entered into by the defendants as sureties for James A. Kendall, sheriff of the county of Orleans, and conditioned for the faithful performance of the duties of the office of sheriff, by the said Kendall. The plaintiffs allege a breach of said bond, to their damage; and state that said Kendall had deceased before the bringing of this suit; that administration had been taken upon his estate ; that they had presented their claim for damages to the commissioners on said estate, who had never made any return of their commission, or made any allowance or disallowance of their claim; that the whole of said Kendall’s estate did not amount to $300, and had been wholly expended in supporting the widow and minor children of said Kendall; and that there is not, and never had been,