Means v. American Bonding Co.
Court of Appeals of Georgia
Appeal; from Houston superior court—Judge Grabam presiding. April 3, 1918. The American Bonding Company presented a petition to the court of ordinary of Houston county, alleging: “That heretofore, to wit, on the 9th day of November, 1912, [the petitioner] became surety upon a bond in the penal sum of ten thousand dollars, given by Lilia Mae Means, as guardian of the estate of Sallie Mae Means, a minor, and conditioned as .required by law for the faithful pe-rformanee of her…
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Appeal; from Houston superior court—Judge Grabam presiding. April 3, 1918. The American Bonding Company presented a petition to the court of ordinary of Houston county, alleging: “That heretofore, to wit, on the 9th day of November, 1912, [the petitioner] became surety upon a bond in the penal sum of ten thousand dollars, given by Lilia Mae Means, as guardian of the estate of Sallie Mae Means, a minor, and conditioned as .required by law for the faithful pe-rformanee of her duties as guardian. And whereas your said petitioner desires to be released from further liability by reason of having…
1Opinion of the CourtBloodworth, J.
(After stating the facts). The court did not err either in overruling the demurrer or in failing to submit the case to the jury and give the instructions to them requested by counsel for the defendant, or in directing a verdict for the plaintiff. Section 3053 of the Civil Code (1910), is in part as follows: “The surety of any guardian on his bond, or, if dead, his representative, may at any time make complaint to the ordinary of any misconduct of his principal in the discharge of his trust, or for any other reason show his desire to be relieved as surety; thereupon the ordinary shall cite the…
2Cases cited4 opinions
- Rogers v. DickeySupreme Court of Georgia · 1903
- National Surety Co. v. MorrisSupreme Court of Georgia · 1900
- Venable v. HowardSupreme Court of Georgia · 1881
- Crawford v. TribbleSupreme Court of Georgia · 1882