Botkin v. Kleinschmidt
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County. II. Li. Buck, Judge. Action by A. C. Botkin, guardian of the person and es' ate of William Kohlweiss, against T. H. Kleinschmidt and others, on the bond of Henry C. Yaeger, former guardian. From a judgment in favor of plaintiff, defendants appeal. Statement of the case by the justice delivering the opinion. This is a suit on a guardian’s bond.
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Appeal from District Court, Lewis and Clarke County. II. Li. Buck, Judge. Action by A. C. Botkin, guardian of the person and es' ate of William Kohlweiss, against T. H. Kleinschmidt and others, on the bond of Henry C. Yaeger, former guardian. From a judgment in favor of plaintiff, defendants appeal. Statement of the case by the justice delivering the opinion. This is a suit on a guardian’s bond. From the pleadings and record it appears that on July 3, 1889, Henry C. Yaeger was duly appointed and qualified as guardian of one Kohlweiss, an insane person. On September 9, 1889, the probate court…
1Opinion of the CourtPemberton, C. J.
— Counsel for appellants contend that, as the conditions of the bond sued on are not J;he conditions prescribed by Section 387, page 370, of the Compiled Statutes of 1887, but are conditions prescribed by Section 358, page 363, same statute, they cannot be held liable in this action.
Section 358 refers to the general duties and obligations of guardians, and the conditions of the bonds they are required to execute when they take charge of the estates of their wards.
Section 387 has reference to bonds which guardians are required to give before selling real estate of their wards under order of…
2Cases cited5 opinions
- Chaquette v. OrtetCalifornia Supreme Court · 1882
- Brodrib v. BrodribCalifornia Supreme Court · 1880
- Powell v. PowellCalifornia Supreme Court · 1874
- Withers v. HickmanCourt of Appeals of Kentucky · 1845
- Biggins v. RaischCalifornia Supreme Court · 1895
3Cited by15 opinions
- Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
- Smith v. SmithMontana Supreme Court · 1921
- Swanberg v. National Surety Co.Montana Supreme Court · 1930
- Boudinot v. LocustSupreme Court of Oklahoma · 1915
- Greer v. McNealSupreme Court of Oklahoma · 1902
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