Peelle v. State ex rel. Hipes

The relator’s complaint is founded upon a guardian’s bond executed by James W. Boyd, as principal, and the appellant, as surety. The surety is the sole defendant ; no process was served upon the principal.

It is said by appellant’s counsel that the complaint is bad, “ because it is alleged that the guardian was appointed by one power, and the exhibit shows that he was appointed by another.” We think this objection is not well founded in fact. The averment in the body of the complaint is, that the guardian was appointed, upon petition, by the court, and the exhibit simply shows that the bond…