Clarke v. State ex rel. Darnall
Court of Appeals of Maryland
Appeal from Prince George’s county court. This was an action of debt, commenced on the 11th March, 1834, against Benjamin II. Clarke, on the bond of Richard Hall, to the State, conditioned to perform the duties of guardian to Henrietta Hall. In this bond Francis M. Hall and Benjamin H. Clarke, the appellant, were sureties. The bond was dated 13th June, 1820. The defendant pleaded performance generally by the guardian.
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Appeal from Prince George’s county court. This was an action of debt, commenced on the 11th March, 1834, against Benjamin II. Clarke, on the bond of Richard Hall, to the State, conditioned to perform the duties of guardian to Henrietta Hall. In this bond Francis M. Hall and Benjamin H. Clarke, the appellant, were sureties. The bond was dated 13th June, 1820. The defendant pleaded performance generally by the guardian. The plaintiff replied, that Richard Hall as guardian, collected moneys of his ward; that afterwards his guardianship had been revoked; that the said Darnall, had been appointed…
1Opinion of the CourtArches, Judge
The defendant having offered the proof set out in the bill of exception, himself raises the question, as to competency of the orders of the Orphans’ court, and the accounts passed by the executors of Francis M. Hall, as evidence, that Francis M. Hall has qualified as guardian of the minor, and had given bond as such, that Richard Hall had paid over to Francis M. Hall as guardian all the moneys in his hands belonging to the ward.
The court decided they were no proof of that fact; and in this opinion we think the eourt were right.
By the act of 1798, ch. 101, sub ch. 14, sec. 4,' no person…
2Cited by1 opinion
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