Robison v. Kelly

The plaintiff brought this action to recover from the defendant James A. Kelly, who was plaintiff’s guardian, and from the other defendants, who were sureties on the guardian’s bond, for waste and dissipation of plaintiff’s estate. The case was tried to the court and a jury. At the close of plaintiff’s evidence the defendants interposed a motion for nonsuit on the grounds: (1) That the complaint did not state a cause of action; (2) insufficiency of the evidence to support the material allegations of the complaint; and (3) of a former adjudication of which the court, without evidence, took…