Bailey v. McElroy

Reid, Chief Justice.

The present action is not an "equity case” which falls within the jurisdiction of this court, as fixed by art. 6, sec. 2, par. 5, of the constitution (Code, § 2-3005); and therefore it must be transferred to the Court of Appeals. Code, §§ 24-3609, 24-4527. On December 21, 1937, John McElroy filed the suit in the superior court against Mrs. Prank Bailey and C. T. Cook, alleging that on February 1, 1937, Mrs. Bailey was appointed guardian of Brunell Bailey; that on said date she executed a bond as required by law, signed by Cook as surety; that on October 22, 1937, the…