Southern Surety Co. v. State ex rel. Spraggins
Indiana Court of Appeals
From Pike Circuit Court; Bomar Traylor, Special Judge. Action by the State of Indiana, on the relation of John Earl Spraggins, a ward, against Cicero Fittinger, the relator’s guardian, the Southern Surety Company, and others. From the judgment rendered, the surety company appeals.
1Opinion of the CourtNichols, J.
This is an action by the State of Indiana, on relation of John Earl Spraggins, the ward, against the relator’s guardian, Cicero Fettinger, and the sureties upon his several bonds for a breach of trust— the conversion of the funds to his own use.
Appellant has correctly stated that there is no controversy between appellant and appellee relative to the facts proved in this case, and there is no sharp conflict in any of the evidence; and, under the pleadings and evidence adduced, it becomes the duty of this court to acquaint itself with the facts and apply the law thereto, *32and, if the facts and…
2Cases cited7 opinions
- Stevens v. TuckerIndiana Supreme Court · 1882
- Hannah v. DorrellIndiana Supreme Court · 1881
- Bond v. ArmstrongIndiana Supreme Court · 1882
- American Bonding Co. v. HallIndiana Court of Appeals · 1914
- Rush v. State ex rel. BixlerIndiana Court of Appeals · 1898
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3Cited by4 opinions
- Sullivan v. O'SULLIVANIndiana Court of Appeals · 1959
- Gardner v. NewbertIndiana Court of Appeals · 1920
- Wilkins v. DealNebraska Supreme Court · 1934
- Gray v. American Surety Co.Indiana Court of Appeals · 1931