Cook v. Ceas

Hensly and Gardiner were sureties on the bond of Ceas as guardian of the plaintiff, and the action is to recover three thousand dollars, the full penal sum named in the bond, the probate court having determined on settlement of the guardian's final account that he was indebted to his ward in excess of that amount. Ceas and Hensly, although named as defendants, were never served, and Gardiner alone defended the action. His defense was based upon two grounds: 1. That the action was commenced prematurely; and 2. That the action was barred by the special limitation prescribed for actions upon…