Tate ex rel. Fleming v. Stevenson

This, was a suit against the sole surviving surety on a guardian’s bond, the guardian being dead.

The guardian John Fleming was appointed March 11, 1867, over five children; and James W. Fleming, for whose benefit this suit ié brought, became of full age on September 21, 1878. Frederick Hall was defendant’s co-surety. On January 12, 1880, the guardian was cited to account, and on February 12, 1880, a balance was found due of $853.68. ’it is found that the guardian, through Hall, made payments in October and December, 1878, and in August, 1879. The order to sue on the bond- was made June 29,…