Grady v. Dashiell

(dissenting) — I am unable to agree with the majority opinion, and therefore dissent.

May I say at the outset that I think I fully appreciate the duties and liability imposed by the statutes upon a guardian and his bondsmen, but the liability so imposed does not, in my opinion, relieve the ward, in an action against the surety on the guardian’s bond, from proving the facts alleged in his complaint and not admitted.

I am of the opinion that the judgment in the instant case is not justified by the facts which were established by competent evidence, but can only be arrived at by piling presumption…