Legal Opinion

Smith v. Garnett

Supreme Court of Oklahoma

Decided December 19, 1916No. 8244PublishedCited by 5 opinions

Error from District Court. Muskogee County; Geo. C. Crump, Assigned Judge. Action by Philip H. Garnett, administrator, against Thomas P. Smith and another. Judgment for plaintiff, and defendants appeal.

1Opinion of the Court

Opinion by

BURFORD, C.

' Philip H. Garnett, as administrator of the estate of Rosa Smith, deceased, sued J. E. Johnson, A. W. Marshall, Thomas P. Smith, and Y. R. Coss as sureties, upon certain guardianship bonds, given by Elias Dean as guardian of said Rosa Smith, a minor. It appears that Johnson and Marshall signed the guardian's general bond, did not dispute their liability, and all questions as to them are eliminated here. Smith and Coss were sureties upon a. bond executed after the guardianship proceeding was commenced, the condition and obligation of which was as follows:

“The condition of…

2Cases cited7 opinions

  1. Hathaway v. HoffmanSupreme Court of Oklahoma · 1915
  2. Title Guaranty & Surety Co. v. SlinkerSupreme Court of Oklahoma · 1912
  3. Greer v. McNealSupreme Court of Oklahoma · 1901
  4. Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
  5. Scott v. AbrahamSupreme Court of Oklahoma · 1916

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3Cited by5 opinions

  1. Southern Surety Co. v. WilliamsSupreme Court of Oklahoma · 1924
  2. Southwestern Surety Ins. Co. v. TaylorSupreme Court of Oklahoma · 1918
  3. Knox v. CruelSupreme Court of Oklahoma · 1919
  4. National Surety Co. of New York v. WashingtonSupreme Court of Oklahoma · 1918
  5. Waldrep v. MerkleDistrict Court, W.D. Oklahoma · 1941

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