Crum v. Wilson
Mississippi Supreme Court
Appeal from the Circuit Court of Pontotoc County. Hon. W. S. Featherston, Judge. On February 15, 1859, Benjamin C. Earle, of whose estate the appellee, Jefferson Wilson, is administrator, was by the Probate Court of Pontotoc County appointed guardian of the appellant, whose father was then living. Earle gave bond with the testator of the other appellee as surety, returned an inventory, and filed two annual accounts.
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Appeal from the Circuit Court of Pontotoc County. Hon. W. S. Featherston, Judge. On February 15, 1859, Benjamin C. Earle, of whose estate the appellee, Jefferson Wilson, is administrator, was by the Probate Court of Pontotoc County appointed guardian of the appellant, whose father was then living. Earle gave bond with the testator of the other appellee as surety, returned an inventory, and filed two annual accounts. On presentation of the second account, in March, 1861, the court refused to receive itandrevoked his letters of guardianship upon the ground that his appointment was void. In…
1Opinion of the CourtCampbell, C. J.
Where no action is maintainable against the principal because of the inherent nullity of the alleged obligation sued on, no action can be maintained against sureties on such obligation, for a surety is only bound for the acts of his principal, and, if there were no principal there could not be a surety. Even after judgment against sureties they are entitled to be relieved if their principal is discharged for some cause going to the original transaction and not merely personal to him. Brandt on Suretyship, etc., § 121; Brown v. Bradford, 30 Ga. 927; Hempstead v. Coste, 36 Mo. 437; Ames v.…
2Cases cited6 opinions
- State ex rel. Hempstead v. CosteSupreme Court of Missouri · 1865
- Ames v. MaclaySupreme Court of Iowa · 1862
- Brown v. BradfordSupreme Court of Georgia · 1860
- Boyd v. SwingMississippi Supreme Court · 1859
- Beall v. CochranSupreme Court of Georgia · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Anderson v. FlemingIndiana Supreme Court · 1903
- Jones v. StateMississippi Supreme Court · 1889
- Dudley v. RiceWisconsin Supreme Court · 1903