United States Fidelity & Guaranty Co. v. Sinclair
Supreme Court of Alabama
Appeal from Circuit Court, Dallas Gounty; B. M. Miller, Judge. Bill by Walter Lorenza Sinclair and others against the United States Fidelity & Guaranty Company to fix their liability upon a guardianship bond and to. ascertain the amount due thereon. From a decree overruling dejnurrers to the bill, respondents appeal.
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Appeal from Circuit Court, Dallas Gounty; B. M. Miller, Judge. Bill by Walter Lorenza Sinclair and others against the United States Fidelity & Guaranty Company to fix their liability upon a guardianship bond and to. ascertain the amount due thereon. From a decree overruling dejnurrers to the bill, respondents appeal. The original bill in this cause was filed on April 17, 1919, by W. L. Sinclair, H. L. Sinclair, children of J. L. Sinclair, deceased, and Emmie L. Sinclair, his wife; Pearl Sinclair and Emmie Sinclair, children of said J, L. Sinclair, and Emmie L. Sinclair, by their next friend,…
1Opinion of the CourtGardner, J.
The bill in this cause was filed for the purpose of fixing the liability of respondent United States Fidelity & Guaranty Company as surety on the bond executed by J. L. Sinclair, deceased, guardian for the complainants. It appears that the guardian died on May 14, 1913, more than six years before the filing of the amended bill, and that W. L. Sinclair, one of the complainants, reached his majority in January, 1915, and had been of lawful age during three years after the death of the guardian and before the filing of the amended bill.
[1] It is insisted that as to W. L. Sinclair the right of…
2Cases cited4 opinions
- Frierson v. TravisSupreme Court of Alabama · 1863
- Presley v. WeakleySupreme Court of Alabama · 1902
- U. S. Fidelity & Guaranty Co. v. PittmanSupreme Court of Alabama · 1913
- Fulgham v. HersteinSupreme Court of Alabama · 1884
3Cited by4 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Lamar v. RiversSupreme Court of Alabama · 1937
- Blue v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1934
- Courson v. TollisonSupreme Court of Alabama · 1933