King v. Hughes
Supreme Court of Georgia
Guardian and ward. Judgments. Lunatic. Confederate money. New trial. Before Judge Buchanan. Floyd Superior Court. January Term, 1874. John L. Hughes, as next friend for James P. Hughes, a lunatic, filed his bill against Joshua King and Henry A. Gartrell, former guardians of said lunatic, and Samuel Mobley, security upon the latter’s bond, in which he alleged, in substance, that King was appointed guardian on the 3d day of July, 1854; that on the 2d day of January, 1855, he…
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Guardian and ward. Judgments. Lunatic. Confederate money. New trial. Before Judge Buchanan. Floyd Superior Court. January Term, 1874. John L. Hughes, as next friend for James P. Hughes, a lunatic, filed his bill against Joshua King and Henry A. Gartrell, former guardians of said lunatic, and Samuel Mobley, security upon the latter’s bond, in which he alleged, in substance, that King was appointed guardian on the 3d day of July, 1854; that on the 2d day of January, 1855, he received the sum of $1,162 00 from the estate of lunatic’s father, and on the 12th of February, 1856, $886 44, from the…
1Opinion of the Court
McCay, Judge.
1. There is nothing in the proceedings before the ordinary that concludes inquiry into the accounts of the defendant below. The judgment permitting him to resign and discharging him from his office is no adjudication that he has settled with the new guardian. He must be discharged from his office before a new one can be appointed, since it is plain there cannot be two guardians at the same time, one succeeding the other. No settlement can be had until the new guardian is clothed with his office, and this is the clear intent, not only of the Code, section 1848, but of the act of…
2Cited by3 opinions
- Griffin v. CollinsSupreme Court of Georgia · 1905
- Byne v. AndersonSupreme Court of Georgia · 1880
- Johnson v. McCulloughSupreme Court of Georgia · 1877