Legal Opinion

State ex rel. Favorite v. Slauter

Indiana Supreme Court

Decided November 15, 1881No. 7383PublishedCited by 6 opinions

From the Fountain Circuit Court.

1Opinion of the Court

Franklin, C.

— This is a suit by appellant, as guardian, upon the bond of appellee, as former guardian of the same wards. The complaint shows that appellee, as such former guardian, filed an account current of his receipts and disbursements, together with his resignation, upon which he was discharged by the court.

This settlement and discharge are res adjudicata of all the matters and things therein contained, and can not be collaterally attacked in a suit upon the bond. The report can only be set aside by a direct proceeding for that purpose. See the case of Candy v. Hanmore, 76 Ind. 125, and…

2Cases cited2 opinions

  1. Candy v. HanmoreIndiana Supreme Court · 1881
  2. Cartmel v. NewtonIndiana Supreme Court · 1881

3Cited by6 opinions

  1. Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
  2. Ferguson v. State ex rel. HagansIndiana Supreme Court · 1883
  3. Deegan Ex Rel. Neligh v. DeeganNevada Supreme Court · 1894
  4. Hornung v. SchrammCourt of Appeals of Texas · 1899
  5. Western Indemnity Co. v. DavidsonIndiana Court of Appeals · 1921

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