GRIFFITH v. WESTERN SURETY CO.


248 Or. 198 (1967)

432 P.2d 1019

GRIFFITH, Appellant, v. WESTERN SURETY COMPANY, Respondent.

Supreme Court of Oregon.

Affirmed November 8, 1967.


Attorney(s) appearing for the Case

F.P. Stager, Salem, argued the cause and filed a brief for appellant.

William B. Wyllie, Salem, argued the cause for respondent. With him on the brief were Rhoten, Rhoten & Speerstra, Salem.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, DENECKE and LUSK, Justices.


AFFIRMED.

SLOAN, J.

The complaint in this case, filed in the circuit court for Lincoln county, attempted to allege a cause of suit against defendant Surety Company for alleged derelictions of an administratrix for whom defendant had a bond responsibility. The complaint attempted to hold defendant directly liable on its bond without any prior determination by the probate court that the administratrix had violated her duty and that the bondsman had any obligation...

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