Wainwright v. Smith

This record presents a proceeding of an anomalous character. The complaint wears the double aspect of a complaint for damages, and an application to set aside an order approving the final settlement report of a guardian.

The case was tried with a jury, and the trial resulted in a judgment setting aside the order discharging the guardian. It is averred in the complaint that on the 18th day of April, 1882, the appellant was appointed guardian for Elvira, Emma, Francis and Nellie Burroughs; that as such he received from the sale of real estate belonging to' his wards the sum of $91.07, and from…