Kimball v. Thurman
Court of Appeals of Kentucky
Case 91 — PETITION ORDINARY — APPEAL! FROM LARUE CIRCUIT COURT. In taking surety upon a guardian’s bond the county judge must act upon proof that would satisfy a man of ordinary judgment of the solvency of the surety, or he must know that the surety is solvent, before he can be relieved. (Gen. Stats., chap. 48, sec. 4; Burdine, &e., v. Pettus, 79 Ky., 240; Mclntire v. Gritton, 5 Ky. Law Rep., 686) 1. The evidence of G. W. Thurman was not competent.
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Case 91 — PETITION ORDINARY — APPEAL! FROM LARUE CIRCUIT COURT. In taking surety upon a guardian’s bond the county judge must act upon proof that would satisfy a man of ordinary judgment of the solvency of the surety, or he must know that the surety is solvent, before he can be relieved. (Gen. Stats., chap. 48, sec. 4; Burdine, &e., v. Pettus, 79 Ky., 240; Mclntire v. Gritton, 5 Ky. Law Rep., 686) 1. The evidence of G. W. Thurman was not competent. E. D. Brownfield being dead, Thurman could not testify for himself as to anything Brownfield said to him or that took place between them. It is…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of tiie court.
While the appellee, G. W. Thurman, was acting as judge of it, the Larue County Court, by the request of Alice L. Goodin, appointed W. W. Brownfield her guardian. She has since married J. R. Kimball. The court accepted the guardian’s bond, with Ed. D. Brownfield as surety.
The guardian and surety failing to pay the ward the balance due her, which amounted to over $1,000, this action was brought against Thurman and his sureties, on the bond which he executed as county judge, to recover damages for his alleged failure to require the guardian to…
2Cited by2 opinions
- Commonwealth v. TiltonCourt of Appeals of Kentucky · 1901
- Commonwealth ex rel. Lee v. LeeCourt of Appeals of Kentucky · 1905