Title Guaranty & Surety Co. v. Foster
Supreme Court of Oklahoma
Error from District Court, Washington County; R. B. Boone, Judge.* Action by B. B. Foster, guardian of Everett Bible, a minor, against Lewis Bible, former guardian, and his sureties on several guardian bonds. Judgment for plaintiff, and he and defendants American Surety Company and Title Guaranty & Surety Company bring error.
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Error from District Court, Washington County; R. B. Boone, Judge.* Action by B. B. Foster, guardian of Everett Bible, a minor, against Lewis Bible, former guardian, and his sureties on several guardian bonds. Judgment for plaintiff, and he and defendants American Surety Company and Title Guaranty & Surety Company bring error. On March 11, 1914, the defendant in error and cross-plaintiff in error, as plaintiff below, commenced this action against Lewis Bible and the other defendants as his sureties on his guardian bonds. On July 3, 1903, Lewis Bible was appointed by the United States Court for…
1Opinion of the CourtRamsey, J.
(after stating the ease as above). 1. This case was commenced under the style of “Frank A. Foster, as guardian of the person and estate of Everett Bible, a minor,” and the first paragraph of the petition recites that “the plaintiff Frank Foster, as guardian, states” that he was duly appointed guardian, etc. A person who describes himself as guardian of another will be taken to sue in his representative and not in his personal capacity where the allegations of the petition taken as a whole show clearly that it was his intent to sue as guardian. Bennett v. Bennett, 65 Neb. 432, 91 N. W. 409.
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2Cases cited39 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Windsor v. McVeighSupreme Court of the United States · 1876
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- United States Ex Rel. Wilson v. WalkerSupreme Court of the United States · 1883
- Withers v. PattersonTexas Supreme Court · 1864
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