Courson v. Tollison

On Rehearing.

POSTER, Justice.

This is not a proceeding against the sureties, but it is against the guardian in life. The sureties appeared to see to it that there would be an unbiased judicial determination of the liability of the guardian, which would affect their rights. Section 8212, Code; Bean v. Harrison, 213 Ala. 33, 104 So. 244.

The question is not analogous to a proceeding against the sureties, for their interest here is only indirect, but it is, as we have said, a proceeding against the guardian in life, after the time when he is due to make settlement.

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