Hines v. Mullins ex rel. Smith
Supreme Court of Georgia
Suit on bond, from Harris county. Tried before Judge Worrill, April Term, 1858. Letters of guardianship were granted to Elias D. Hines over the person and property of his children, by the Inferior Court of Harris county, and were revoked again by the same Court.
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Suit on bond, from Harris county. Tried before Judge Worrill, April Term, 1858. Letters of guardianship were granted to Elias D. Hines over the person and property of his children, by the Inferior Court of Harris county, and were revoked again by the same Court. James G. Smith was then, by the same Court, appointed guardian in his stead; and brought his action on the guardian’s bond of said Elias D. Hines and George H. Bryan, as security, to compel said Hines to pay over the estate of said minors in his hands. When, after the testimony and argument on both sides: The Court charged the jury…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] A father is bound to support and educate his children if he is able to do so, and that, whether they have property of their own or not. This proposition is not disputed.
The first charge, therefore, cannot be wrong, for it asserts no more than this proposition.
As to the second charge.
Hines, the father, was the person first appointed guardian of the children, by the Inferior Court of Harris county. He accepted the appointment, received the property, and otherwise acted as guardian, until he was removed from the guardianship, for misconduct, by…
2Cited by23 opinions
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- Ewing v. MallisonSupreme Court of Kansas · 1902
- Griffin v. CollinsSupreme Court of Georgia · 1905
- Harper v. LindseySupreme Court of Georgia · 1926
- Williamson v. StateCourt of Appeals of Georgia · 1976
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