Moody v. State ex rel. Burton

Action upon a guardian’s bond. The appellants, who were sureties upon the bond, have assigned error that the complaint does not state facts sufficient, and that the-court erred in not carrying the demurrers to certain answers, which were held bad, back to the complaint, and sustaining the same to that pleading.

The substantial averments of the complaint are these:

That, on the 7th day of July, 1870, the defendant James. M. McCart was duly appointed by the common pleas court of Orange county the guardian of the relator and two others named, minor heirs of David D uncan, deceased, and…