O'Brien v. Strang
Supreme Court of Iowa
Appeal from. Wapello District Court. The plaintiffs, Daniel O’Brien and John O’Brien, allege in their petition that William- Strang (named in the petition as defendant but not served with notice, so far as the record shows) is their guardian, appointed by the county court of Wapello county, and that the defendants, John Shea and E. E. Coday, are sureties upon his guardian bond.
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Appeal from. Wapello District Court. The plaintiffs, Daniel O’Brien and John O’Brien, allege in their petition that William- Strang (named in the petition as defendant but not served with notice, so far as the record shows) is their guardian, appointed by the county court of Wapello county, and that the defendants, John Shea and E. E. Coday, are sureties upon his guardian bond. They further allege that there came into the hands of said guardian the sum of $2,000 from the sale of their land, and that said guardian has never paid over to the plaintiffs said money or any part thereof; that…
1Opinion of the CourtAdams, J.
We have in this case the question as to whethér the sureties on a guardian’s bond become liable in a suit at law for whatever money or property is in the guardian’s hands belonging to the ward immediately upon the ward’s arriving at majority, and before the adjustment of the guai’dian’s final account with the Circuit Court and before the guardian has failed to obey any order of said court.
Upon the question of the liability of a guardian or his sureties under such circumstances the decisions have not been uniform.
The case of Stillwell and wife v. Mills et al, 19 Johnson, 304, was an action of…
2Cited by11 opinions
- Baitinger v. ElmoreSupreme Court of Iowa · 1929
- Fidelity & Deposit Co. of Maryland v. SchelperCourt of Appeals of Texas · 1904
- Ackerman v. HilpertSupreme Court of Iowa · 1899
- Farrington v. SecorSupreme Court of Iowa · 1894
- Wycoff v. MichaelSupreme Court of Iowa · 1895
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