Johnson v. McCullough
Supreme Court of Georgia
Guardian and ward. Administrators and executors. Evidence. Pleadings. Practice in the Superior Court. Confederate money. Before Judge Underwood. Floyd Superior Court. January Adjourned Term, 1877. This was debt on a guardian’s bond. The declaration alleged that the defendants, Win. McCullough and Win.
Read the full summary
Guardian and ward. Administrators and executors. Evidence. Pleadings. Practice in the Superior Court. Confederate money. Before Judge Underwood. Floyd Superior Court. January Adjourned Term, 1877. This was debt on a guardian’s bond. The declaration alleged that the defendants, Win. McCullough and Win. Bailey, were, on April 2, 1860, appointed joint guardians of Willis L. Lowrey, and on that day qualified arid gave bond as such, in the sum of $20,000.00, with the other defendants as sureties. That McCullough only assumed the trust and acted. That on the 1st of October, 1860, McCullough, as…
1Opinion of the Court
Bleckley, Judge.
1. This was not an action which could reach the guardian for any failure to gather up the ward’s assets. The breach of the bond alleged, had no such bearing. And the inventory of notes, and the returns of sale, were not offered avowedly, to impeach the guardian as a witness. Treating them as admissions made by him, they were made before he became guardian, and for that reason, if for no other, would not be binding on his sureties as admissions. As the sureties were defendants to the action, as well as the guardian, evidence which would affect him were he sole defendant, might,…
2Cases cited9 opinions
- United States Ex Rel. MacKey v. CoxeSupreme Court of the United States · 1856
- Scott v. HaddockSupreme Court of Georgia · 1852
- Coffin v. BramlittMississippi Supreme Court · 1868
- Westbrook v. DavisSupreme Court of Georgia · 1873
- Cranford v. BrewsterSupreme Court of Georgia · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bailey v. McAlpinSupreme Court of Georgia · 1905
- Bescher v. State ex rel. HammannIndiana Supreme Court · 1878