Ely v. Hawkins

Ely and Miller were sued on the bond given by the former, as guardian. The bond was joint in form, but joint and several in legal effect, under the statute of Indiana.

Ely had not, at the commencement of the suit, nor does it appear that he yet has, been removed from his office of guardian.

It was alleged, for breach of the bond, that he had failed to return inventories, and to apply the trust funds, as required by statute.

On appearing to the suit below, the defendants moved to dismiss it; the Court took the motion under advisement till near the close of the term, when, out of Court, the judge…