Smith v. Smithson
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Judge. In the death of Jones, the subsequent guardian should have presented her claim against the estate of Jones, for allowance, and payment of the estate. 33 Ark., 658; Mansfield’s Dig., secs. 101-5; 5 Ark., 4.68. Until this was done no one was bound to pay the same, and especially not appellant, as his liability was secondary, and only bound to pay on default of his principal, when the amount should be ascertained…
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APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Judge. In the death of Jones, the subsequent guardian should have presented her claim against the estate of Jones, for allowance, and payment of the estate. 33 Ark., 658; Mansfield’s Dig., secs. 101-5; 5 Ark., 4.68. Until this was done no one was bound to pay the same, and especially not appellant, as his liability was secondary, and only bound to pay on default of his principal, when the amount should be ascertained by the probate court. 39 Ark., 145. The complaint is bad because there is no assignment of a breach of the condition of…
1Opinion of the CourtCockrill, C. J.
The only questions pressed for determination by the appellant against whom judgment was rendered as surety in a guardian’s bond, and whose principal died several years before this action was brought, are as follows:
1. The complaint shows that the claim was not presented for allowance against the estate of the principal obligor within two years of the grant of the administration, and it is argued that the demurrer to the complaint should have been sustained for that reason.
1. Action against surety on guardian's bond.
The facts alleged would have been sufficient to bar a recovery against the…
2Cited by7 opinions
- Meyer v. BarthWisconsin Supreme Court · 1897
- Boyle ex rel. Shauhnessy v. BoyleSupreme Court of Iowa · 1904
- Baker v. Gaines Bros. Co.Supreme Court of Oklahoma · 1917
- Wallace v. SwepstonSupreme Court of Arkansas · 1905
- Armon v. CraigSupreme Court of Iowa · 1927
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