Higgins v. State ex rel. Smith

Franklin, C.

This was a suit by appellee, as guardian, upon the bond of a former guardian, against Wiles and Robertson, as administrators of the principal in the bond, appellant Higgins, as administrator of Blair, one of the sureties, and Vannoy, the other surety. A demurrer was sustained to the first paragraph of the complaint, and overruled as to the second. There was a trial by the court, a special finding made at the request of appellant, and conclusions of law stated. Exceptions were taken to the overruling of the demurrer to the second paragraph of the complaint, and to the conclusions…