Black v. Kaiser
Court of Appeals of Kentucky
Case 79 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. Time may be given during the term at which the judgment becomes final to reduce to writing the exceptions taken on the trial of a case.
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Case 79 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. Time may be given during the term at which the judgment becomes final to reduce to writing the exceptions taken on the trial of a case. (Civil Code, sec. 337, subsee. 2.) 2. The failure of the guardian to make a settlement of his accounts constitutes a breach of his bond. 3. To an action against the guardian for a settlement of his accounts the surety is a proper party, so as to preclude him by the settlement ascertained, and to recover in one suit from both the principal and surety such an amount as may be shown to…
1Opinion of the Court
OHIEE JUSTICE HOLT
dislivisiusd thic opinion of this court.
This is an action by the appellants, Black and wife, to compel a settlement of the accounts of Julius Mendel as her former guardian, and to recover from the appellee, Prank Kaiser, who is surety upon his bond, certain specific sums named in the petition, and such other amount as may be found due upon a settlement.
The lower court sustained a special demurrer to the petition, and then, after refusing an amendment which was tendered, dismissed the action.
By an amendment to section 837 of the Civil Code, a bill of exceptions may be…
2Cases cited2 opinions
- Sargent v. WallisTexas Supreme Court · 1887
- Macklin v. Northern BankCourt of Appeals of Kentucky · 1885
3Cited by6 opinions
- Courier-Journal Job-Printing Co. v. Schaefer-Meyer Brewing Co.Court of Appeals for the Sixth Circuit · 1900
- Fidelity & Deposit Co. v. NorwoodCourt of Appeals of Georgia · 1928
- Arnett v. Salyersville National BankCourt of Appeals of Kentucky (pre-1976) · 1931
- United States Fidelity & Guaranty Co. v. State ex rel. SmithIndiana Court of Appeals · 1907
- O'Neill v. State Savings BankMontana Supreme Court · 1906
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