State Ex Rel. Fountain v. Fountain

This is an action to recover on the official bond of a guardian. The court was of opinion that on the facts admitted at the trial the action is barred by the statute of limitations as against both the guardian and the sureties on his bond. In accordance with this opinion, the action was dismissed, and the plaintiffs appealed to this Court. The only assignment of error on the appeal is based upon the exception to the judgment.

The guardian and one of the sureties on his bond had died before the commencement of the action. The other surety, who was made a party defendant after tbe action was…