Akers v. Gillentine

On Petition to Rehear.

FELTS, J.

W. T. Grillentine petitions for a rehearing of so much of our former decree as adjudged him liable to complainant for $4,395.68, with interest, that being the *219amount which complainant, as surety on his guardian bond, was compelled to pay on account of his defalcation.

Petitioner insists that he was not liable to a personal judgment because the Court had no jurisdiction of his person; and that we should have sustained his plea in abatement and dismissed the bill as to him.

We think he cannot rely on his plea in abatement. While the Chancellor did sustain his plea…