Dalton v. Jones
Mississippi Supreme Court
Error-to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. The facts necessary to a full understanding of principles decided in this case are fully set out in the opinion of the court.
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Error-to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. The facts necessary to a full understanding of principles decided in this case are fully set out in the opinion of the court. The following are the assignments of error: 1. The judgment is against the estate of the ward when it could only have been rendered against the guardian personally. 2. The pleading shows a personal liability only of the guardian, jet the judgment is rendered, not against the guardian, but against the ward’s estate. 3. The circuit court has no jurisdiction over the estate of the ward Bettie "Wetzell,…
1Opinion of the CourtSimrAll, J.
The single question which arises in this case is, whether a recovery can be had in the action of assumpsit against the guardian of a ward, so as to condemn to its payment the goods and property of the ward. The declaration states that the sum of $694.86 is due the plaintiff from the defendant on open account, for the board and tuition, etc., of Bettie Wetzell, a minor, and his ward, and also for books and other articles furnished to her in the prosecution of. her education, and that T. B. Dalton, guardian of the said Bettie, promised to pay.
The plaintiff obtained the verdict, and thereupon…
2Cases cited1 opinion
- Wade v. BridewellMississippi Supreme Court · 1860
3Cited by7 opinions
- Lothrop v. DuffieldMichigan Supreme Court · 1903
- Hines v. PottsMississippi Supreme Court · 1879
- Shepard v. HansonNorth Dakota Supreme Court · 1900
- Welch v. ChildersMississippi Supreme Court · 1943
- Neville v. Guardianship of KelsoMississippi Supreme Court · 1971
2 more not listed; retrieve them via the Exa API.