Southwestern Railroad v. Chapman
Supreme Court of Georgia
Equity. Injunction. Guardian and ward. Before Judge Cole. Bibb county. At Chambers. September 11th, 1872. The Southwestern Railroad Company filed its bill against William W. Chapman, as guardian of Tallulah B. Chapman and Martha A. Chapman, containing, substantially, the following allegations: That said Tallulah B. Chapman is the owner of thirty-five shares of the capital stock of complainant ; that after the death of her father, Ambrose Chapman, in the year 1866, and before…
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Equity. Injunction. Guardian and ward. Before Judge Cole. Bibb county. At Chambers. September 11th, 1872. The Southwestern Railroad Company filed its bill against William W. Chapman, as guardian of Tallulah B. Chapman and Martha A. Chapman, containing, substantially, the following allegations: That said Tallulah B. Chapman is the owner of thirty-five shares of the capital stock of complainant ; that after the death of her father, Ambrose Chapman, in the year 1866, and before any guardian was appointed for her person and property, the treasurer of complainant, without authority, paid a…
1Opinion of the Court
McCay, Judge.
Our Code, section 1794, provides “that the father of a minor, and if the father be dead, the mother is the natural guardian of the minor;” and it then adds, “the natural *560guardian cannot demand or receive the estate of the minor until he or she gives bond, approved by and to the Ordinary.” Without doubt this is a wise and proper provision, and, without doubt, neither the father or mother of a minor can legally bind the ward by a receipt of the property until the bond be given as required by law. A receipt of the ward’s money is, no doubt, by virtue of this provision illegal — that…
2Cited by2 opinions
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- Nunn v. BurgerSupreme Court of Georgia · 1886