Aldrich v. Williams
Supreme Court of Vermont
Scire Facias, by the plaintiff as a creditor of one Daniel T. Aldrich, a non compos, or an insane person, setting forth additional breaches of the condition of a probate bond given by the defendant, Williams, as guardian of said Daniel T. Al-drich, and by the defendant, Clark, as surety, upon which bond a suit had been previously brought by Josiah Taft, a subsequent guardian of said Daniel T., in the name of the probate court, and judgment rendered against the defendants for…
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Scire Facias, by the plaintiff as a creditor of one Daniel T. Aldrich, a non compos, or an insane person, setting forth additional breaches of the condition of a probate bond given by the defendant, Williams, as guardian of said Daniel T. Al-drich, and by the defendant, Clark, as surety, upon which bond a suit had been previously brought by Josiah Taft, a subsequent guardian of said Daniel T., in the name of the probate court, and judgment rendered against the defendants for the penalty of the bond. The defendants pleaded three pleas in bar. Issue was joined upon the first plea, to the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an action upon the bond of the guardian of a person distracted and non compos mentis. It is instituted at the suit of the plaintiff, who claims to prose-ecute as creditor to the ward. The pleadings are multifarious and somewhat extended, but as one branch ends in demurrer to the plaintiff’s replication, this brings in question the sufficiency of the declaration, as well ■ as all the other pleadings. The court have found the other portions of pleading anomalous and unsatisfactory, but they consider this must have been the result of…
2Cited by2 opinions
- Probate Court v. SlasonSupreme Court of Vermont · 1851
- Hicks v. ChapmanMassachusetts Supreme Judicial Court · 1865