Crowell v. Ward
Supreme Court of Kansas
Error from Miami District Cowrt. Action by Ward, in her own name as plaintiff, against Crowell and two others, on a bond given by Shiveley as guardian, and executed by the other defendants as sureties. The defendants demurred to the petition, alleging that plaintiff had no legal capacity to. sue on said bond in her own name, and that the action should have been in the name of the state.
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Error from Miami District Cowrt. Action by Ward, in her own name as plaintiff, against Crowell and two others, on a bond given by Shiveley as guardian, and executed by the other defendants as sureties. The defendants demurred to the petition, alleging that plaintiff had no legal capacity to. sue on said bond in her own name, and that the action should have been in the name of the state. The district court, at the December Term 1873, overruled the demurrer, and gave judgment for plaintiff. The defendants bring the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Ida Ward against W. T. Shively, William Crowell, and A. G. McKinsie, for the breach of the condition of a guardian’s bond. Shively was the guardian. Crowell and McKinsie were the sureties on the bond, and Ida Ward was the minor under guardianship. She is now, and was at the commencement of this suit, of full age. The bond-was executed in the name of the state of Kansas as obligee. It is now admitted by the parties that the only question involved in the case is, whether Ida Ward can maintain 'this action in…
2Cases cited2 opinions
- State ex rel. Atchison, Topeka & Santa Fe Railroad v. Board of County CommissionersSupreme Court of Kansas · 1873
- Bartlett v. StateSupreme Court of Kansas · 1874
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- Fitzpatrick v. McGregorSupreme Court of Georgia · 1909
- Atchison, Topeka & Santa Fé Rld. v. State ex rel. SandersSupreme Court of Kansas · 1879
- Beck v. MegliSupreme Court of Kansas · 1941
- Beck v. MegliSupreme Court of Kansas · 1941
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