Page:Federal Reporter, 1st Series, Volume 1.djvu/458

 450 FEDERAL REPORTER. �Bureties in such a suit for these purposes, fuUy sustained. The further question is made, which is this : The adminis- trator of this estate presented a claim in his own behalf, and, for the purposes of the settlement of that claim, a temporary administrator was appointed, called under the statuts, I believe, an attorney to represent the heirs. There was a hearing upon that matter, and the claim was allowed. It is now insisted that the sureties of the administrator are not responsible forany fraud committed in that transaction. The bUl, however, charges collusion and fraud on the part of the administrator in connection with this transaction, and it will depend, I think, altogether on the proof as to whether he is liable in his officiai capacity; and if liable, of course his sure- ties are liable. That matter can be determined only after the proofs are submitted. �The demurrer to the bill is overruled. ���Jbffbies, Adm'r, v. Union Mut. Lipb Ins. Co. (OireuU Court, E. D. Missouri. January 26, 1880.) �LiPE iNSUBArrCB— WABnANTy— AVEBMENT OF AppLICANT THAT HB IS �A SiNOLB Man. — The averment of a married man, in an application for life insurance, that he is a single man, amounts to an absolute warranty. �AtTOBNET AT LAW — CoUtPROMISB OF Stnx — EXPEKSS AUTHOEITr — �Batisfactioh of Judgmestt. — The entry of the satisfaction of judg- ment on the record of the court will not be set aside, where such satis- faction was entered, pending a writ of error to the supreme court in behalf of the defendant, upon part payment of the judgment, under a compromise with the duly authorized attorneys of the plaintifE, although such entry of satisfaction was not made in open court, and the original plaintiff had died pending such compromise, and the authority of the attorneys had not been ratified by the administrator de bonis non. �Motion to set aside entry of satisfaction of judgraent. �Waldo P. Johnson and John Flournoy, for plaintiff. �John R. Shepley, for defendant. �Tbeat, J., (orally). I have had under consideration a matter concerning which there are a great many incidents. I am not disposed to go into those matters at any consider- ��� �