State Ex Rel. Humphrey v. American Surety Co.

There is no valid defense set up in tbe defendant’s answer. It was given notice of and, by tbe service of a copy of tbe petition and order, made party to tbe proceeding for an accounting. On its own motion said proceeding was dismissed as to this defendant. It bad full knowledge of tbe proceedings and an opportunity to appear and defend. It elected not to do so. It cannot now complain tbat judgment was rendered against tbe principal in tbe bond, to which tbe principal did not except and from which be did not appeal.

Tbe amount due by tbe former guardian having been duly ascertained, bis…