Minnesota Supreme Court, 1875

Waterman v. Millard

Waterman v. Millard
Minnesota Supreme Court · Decided October 25, 1875 · Gileillan
22 Minn. 261; 1875 Minn. LEXIS 69 (Minnesota Reports)

Counsel

Ladd & Stone, for appellant., Brown t& Wiswell and O. B. Davis, for respondents.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1906, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

Waterman v. Millard

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gileillan, C. J.

Action upon an administrator’s bond to recover the remainder of a claim due the plaintiff, as allowed by the commissioners, part of the claim having been paid by the administrator after it was allowed by the commissioners. At the May term, 1875, of the district court the defendants moved for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action. The court granted the motion on the ground that the complaint does not show that the probate court had made any order or decree of distribution, or for payment of the debts, and judgment was ■entered accordingly.

No such order or decree is set up in the complaint, and for this reason it is, according to the decision in Wood v. Myrick, 16 Minn. 494, fatally defective. By that case, it *262was decided that no cause of action arises on the bond in favor of a creditor until the debt, or some part of it, has been ordered to be paid by the decree of distribution. The decision makes no distinction in this respect between solvent and insolvent estates, and we think the statute intends none.

Judgment affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.