Hailey v. Boyd's Adm'r
Supreme Court of Alabama
Appeal from tbe Circuit Court of Sumter. Tried before tbe Hon. Luther B. Smith. This action was brought by George Ann Hailey (nee Hopper), against B. Chapman, as the administrator de bonis non of the estate of Matthew H. Boyd, deceased; was commenced on the 2d November, 1878, and was founded on tbe official bond of James M. Boyd and Jefferson Boyd as guardians of the plaintiff, on which said Matthew H. Boyd was one of the sureties.
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Appeal from tbe Circuit Court of Sumter. Tried before tbe Hon. Luther B. Smith. This action was brought by George Ann Hailey (nee Hopper), against B. Chapman, as the administrator de bonis non of the estate of Matthew H. Boyd, deceased; was commenced on the 2d November, 1878, and was founded on tbe official bond of James M. Boyd and Jefferson Boyd as guardians of the plaintiff, on which said Matthew H. Boyd was one of the sureties. The date of the bond, as set out in tbe record, is in blank, except the year, 1857 ; but it is otherwise in the usual form, and in the penalty of $3,000. The…
1Opinion of the Court
BRICKELL, O. J.
It is conceded that an action at law cannot be maintained by the ward upon the bond of the guardian, until the liability of the guardian has been ascertained by the decree of a court of competent jurisdiction. An action at law upon the bond is not an appropriate mode of ascertaining and fixing the liability. A decree of the Court of Probate, or of the Court of Chancery, having jurisdiction to take the accounts and settle the administration of the guardian, ascertaining the amount of his liability, establishes the right of the ward to maintain an action at law upon the bond,…
2Cases cited4 opinions
- Perkins v. MooreSupreme Court of Alabama · 1849
- Townsend v. EverettSupreme Court of Alabama · 1843
- Williamson v. HowellSupreme Court of Alabama · 1843
- Chilton v. ParksSupreme Court of Alabama · 1849
3Cited by9 opinions
- Bean v. HarrisonSupreme Court of Alabama · 1925
- Leach v. GraySupreme Court of Alabama · 1917
- Merrill v. TravisSupreme Court of Alabama · 1946
- Dumas v. HollinsSupreme Court of Alabama · 1934
- Ex Parte ChapmanSupreme Court of Alabama · 1932
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