Ragland v. Justices of the Inferior Court ex rel. Jones
Supreme Court of Georgia
Debt, in Macon Superior Court. Tried before Judge Warren, March Term, 1851. This was an action for the use of Eliza A. Jones, against the representative of the estate of Samuel F. Jones, her father and natural guardian, upon the bond given by him as guardian.
Read the full summary
Debt, in Macon Superior Court. Tried before Judge Warren, March Term, 1851. This was an action for the use of Eliza A. Jones, against the representative of the estate of Samuel F. Jones, her father and natural guardian, upon the bond given by him as guardian. Defendant’s counsel demurred to the declaration, and after-wards moved fora non-suit on the same ground, viz: that the declaration did not show, nor was there any proof that a decree or judgment of a Court of competent jurisdiction Had been rendered, fixing the debt or sum for which defendánt’s intestate was liable, before this suit on…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] This suit is brought against the representative of a deceased guardian, on his bond, to recover the estate of his ward. The sureties are not sued. It is the same as if the guardian, being in life, was sued on his bond. The motion to dismiss the action, and the motion for a non-suit after the evidence for the plaintiff was closed, go upon the ground that before a recovery can be had against a guardian, in his personal character, there must be a judgment or decree against him, in his representative character. This suit is for the very object…
2Cases cited2 opinions
- Davis v. SmithSupreme Court of Georgia · 1848
- Flynt v. HatchettSupreme Court of Georgia · 1851
3Cited by15 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Beazley v. DeKalb CountySupreme Court of Georgia · 1953
- Rose v. WorthamTennessee Supreme Court · 1895
- Crawford v. ClarkSupreme Court of Georgia · 1900
- Harris v. BlackSupreme Court of Georgia · 1915
10 more not listed; retrieve them via the Exa API.