Sims v. Renwick
Supreme Court of Georgia
Demurrer, from Troup county. Decided by Judge Bull, November Term, 1857. An action was brought in the Court below, by the plaintiffin error, as the Ordinary for the county of Troup, for the use of Green Talbot, of Tallapoosa county, State of Alabama, non-resident guardian of Moses Barnes,- a minor, upon a bond entered into by the defendants in error, as securities.
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Demurrer, from Troup county. Decided by Judge Bull, November Term, 1857. An action was brought in the Court below, by the plaintiffin error, as the Ordinary for the county of Troup, for the use of Green Talbot, of Tallapoosa county, State of Alabama, non-resident guardian of Moses Barnes,- a minor, upon a bond entered into by the defendants in error, as securities. In March, 1845, Reddick Barnes, as principal, and Nathan Renwick and Samuel B. Cobb, as securities, delivered to the Court of Ordinary a bond for $4,500, conditioned for the due performance of his duties as guardian, by the said…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] The action was instituted by the plaintiff in error in the Court below, as Ordinary of Troup county, for the use of the non-resident guardian of Moses Barnes, a minor. The guardian held his appointment of guardian under the authorities of Alabama. The declaration was demurred to on the ground that he had no right to sue in this State. The suit was in the name of a plaintiff having the legal title, a resident of Georgia, and deriving his appointment from the laws of Georgia. The cestui que use was a citizen resident of Alabama. But treating…
2Cited by4 opinions
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