Sebastian v. Bryan
Supreme Court of Arkansas
Appeal from, Phillips Circuit Court. Hon. George W. Beazrey, Circuit Judge. An action at law cannot be maintained on a guardianship bond before the accounts have been adjusted* and a specific sum decreed to be paid over. 19 J. R. 303; 3 Hill 77; 1 Root 51. It is admitted by the demurrer to the plea that previous to the execution of the bond sued on, the guardian had wasted all the property of the ward which had come to his hands; and that, none had come to his hands since…
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Appeal from, Phillips Circuit Court. Hon. George W. Beazrey, Circuit Judge. An action at law cannot be maintained on a guardianship bond before the accounts have been adjusted* and a specific sum decreed to be paid over. 19 J. R. 303; 3 Hill 77; 1 Root 51. It is admitted by the demurrer to the plea that previous to the execution of the bond sued on, the guardian had wasted all the property of the ward which had come to his hands; and that, none had come to his hands since the execution of the bond. And the bond sued on car.not be held liable for such previous waste. No order having been made…
1Opinion of the CourtJustice Fairchild
Among the pleas interposed by Sebastian in defence of this suit, which is an action brought against him as surety for James E. Jackson, a former guardian of the plaintiff below, and appellee, were three that were quashed on demurrer; and the object of this appeal is, to have the judgment that was rendered against Sebastian by the Phillips Circuit court reversed, for its alleged erroneous action upon these pleas.
The pleas in question were the 6th, 7th and 8th of those tiled by Sebastian.
The 6th plea, in substance is: that before the execution of the bond declared on, James B. Jackson had been…
2Cited by12 opinions
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- Sims v. Duck (In Re FoodSource, Inc.)District Court, N.D. California · 1991
- Fitzpatrick v. National Surety Co.Supreme Court of Kansas · 1938
- Southern Surety Co. v. ColeSupreme Court of Kansas · 1920
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