Pruett v. Caddigan
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Mark R. Averill, Judge. Action by W. E. Pruett, as guardian of the person and estate of Charles A. Zitterbarth, a minor, against Dan Caddigan, as executor of the estate of Dan O’Keefe, deceased, and another. Judgment for plaintiff, and named defendant appeals.
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Appeal from Second Judicial District Court, Washoe County; Mark R. Averill, Judge. Action by W. E. Pruett, as guardian of the person and estate of Charles A. Zitterbarth, a minor, against Dan Caddigan, as executor of the estate of Dan O’Keefe, deceased, and another. Judgment for plaintiff, and named defendant appeals. There was a misjoinder of parties defendant in the action, plaintiff’s complaint seeking to join the personal representative of a deceased obligor upon an alleged joint and several obligation, as a party defendant with a surviving obligor. The common law did not sanction such a…
1Opinion of the Court
By the Court,
Sanders, J.:
This is an action against sureties on a guardian’s bond. The undisputed facts are as follows:
C. C. Paul, in 1911, was appointed guardian of the person and estate of Charles A. Zitterbarth, a minor, and gave bond in the sum of $2,500, payable to said Zitter-barth, with W. H. Noyes and Dan O’Keefe as sureties. The bond is several and joint in form, conditioned on the faithful execution of the duties of his office according to law, and binding on the heirs, executors, and administrators of the obligors. In August, 1915, O’Keefe died testate. In September, 1915, Dan…
2Cases cited12 opinions
- Verdier v. RoachCalifornia Supreme Court · 1892
- Evans v. CookNevada Supreme Court · 1876
- South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
- Pinkston v. HuieSupreme Court of Alabama · 1846
- Mann v. EvertsWisconsin Supreme Court · 1885
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3Cited by2 opinions
- CONTINENTAL COFFEE COMPANY v. Estate of ClarkNevada Supreme Court · 1968
- Gardner Hotel Supply of Houston v. Estate of ClarkNevada Supreme Court · 1967