Smith, Probate Judge v. Moore
Supreme Court of South Carolina
.Before Mauldin, J., Bishopville, June, 1915. Action by John M. Smith, as Judge of Probate, against L. A. Moore, A. E. Skinner, J. M. Hearon and the Equitable Surety Co., of St. Louis, Mo. Erom the decree, plaintiff .and the Equitable Surety Company appeal. cites: As to error in allowing guardian commissions for paying over ■under the decree the amount found due: 11 S. C. 156; Code of Laws, Dec. 3765; 14 Rich.
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.Before Mauldin, J., Bishopville, June, 1915. Action by John M. Smith, as Judge of Probate, against L. A. Moore, A. E. Skinner, J. M. Hearon and the Equitable Surety Co., of St. Louis, Mo. Erom the decree, plaintiff .and the Equitable Surety Company appeal. cites: As to error in allowing guardian commissions for paying over ■under the decree the amount found due: 11 S. C. 156; Code of Laws, Dec. 3765; 14 Rich. Eq. 309 (35 S. C. Eq.); 31 S. C. L. 379 (2. Rich.). Guardian should he charged interest on money misappropriated from the date of misappropriation: 31 S. C. L. 308 (14 Rich.); 4 Rich.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice, Gage.
The appeal is from a decree of the Circuit Court. The action is by probate Judge on three bonds made to the probate Judge by one Moore to secure his right administration of the estate of five Mooneyhan children in his hands as guardian. Two of the bonds are signed by Moore and certain other personal sureties; one and the last made bond is signed by Moore and a surety company.
The chief issues arise out of the disbursements of the guardian, and out of the liability of the sureties to the estate, and to each other. The Circuit Court…
2Cases cited3 opinions
- Epperson v. JacksonSupreme Court of South Carolina · 1909
- Beaty v. RichardsonSupreme Court of South Carolina · 1899
- State Ex Rel. Causey v. CauseySupreme Court of South Carolina · 1912
3Cited by5 opinions
- In re Stinger EstateMontana Supreme Court · 1921
- Dorn v. StidhamSupreme Court of South Carolina · 1927
- Gullick, Probate Judge v. SlatenSupreme Court of South Carolina · 1933
- Glenn v. WorthySupreme Court of South Carolina · 1933
- Andrews v. United States Fidelity & Guaranty Co.Supreme Court of South Carolina · 1930