State ex rel. Benton v. Railsback

Suit on the bond of Wood, as the guardian of James Smith, an insane person. Wood was defaulted. The other defendant, Railsback, demurred. Demurrer overruled. By consent, the Court assessed the damages at 565 dollars and 81 cents, and judgment accordingly. Railsback appeals.

The only question raised by the demurrer, is, that the complaint is defective for not alleging proceedings and judgment against Wood as such guardian. It is insisted that suit can not be maintained on the bond against Rails-back, until such judgment has first been had against Wood. But no authorities are cited in favor of…