Weihe v. Statham

Holding

The court held that an action against an administrator and his sureties on their bond for damages arising from a fraudulent probate sale could not be maintained under Code of Civil Procedure section 1572, which imposes personal liability on the administrator only, and that the complaint failed to state a claim under section 1571 because it did not allege the plaintiffs suffered any pecuniary damage from the sale.