Banister v. Bagley

The present action is one brought by the ordinary for the use of minor children against their guardian and the surety on his bond. It is alleged that the guardian expended a certain amount of the corpus of the wards’ estate without an order of the court of ordinary and judgment is prayed for this sum.

The petition set out a cause of action, and the court did not err in overruling the general demurrer. See Adams v. Reviere, 59 Ga. 794; Shipp v. McCowen, 147 Ga. 711 (2) (95 S. E. 251); U. S. Fidelity & Guaranty Co. v. Davis, 2 Ga. App. 525 (58 S. E. 777); Fidelity & Deposit Co. of Md. v.…