Commonwealth v. Julius
Supreme Court of Pennsylvania
Appeal, No. 14, July T., 1895, by defendants, from judgment of C. P. York Co., April T., 1892, No. 66, on verdict for plaintiffs. Assumpsit on the bond of a guardian. At the trial it appeared that on November 6, 1874, David Spahr was appointed guardian of Sarah Jane Shaffer by the orphans’ court of York county, and filed the bond whereon this action was brought in the sum of $4,000 with George Julius as surety.
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Appeal, No. 14, July T., 1895, by defendants, from judgment of C. P. York Co., April T., 1892, No. 66, on verdict for plaintiffs. Assumpsit on the bond of a guardian. At the trial it appeared that on November 6, 1874, David Spahr was appointed guardian of Sarah Jane Shaffer by the orphans’ court of York county, and filed the bond whereon this action was brought in the sum of $4,000 with George Julius as surety. On March 21, 1887, the court removed Spahr and appointed Jesse Y. Giesey guardian in his stead. On March 25, 1887, Spahr’s account as guardian was filed. Exceptions thereto were…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The first three assignments of error are in substance that defendant was not allowed to prove that Giesey, the second guardian of Mrs. Bentzel, might have made a part at least of the money due from Spahr, his defaulting predecessor in the guardianship, by asserting his ward’s title to the land levied upon as Spahr’s, on the ground that it was bought with his ward’s money, and that the second guardian having thus had in his hands the means of payment, and letting it go unclaimed, the sureties of the first guardian were discharged. But waiving the question whether…
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