Sparr v. Globe Surety Co.

*482The opinion of the court was delivered by

Porter J.:

This is an action commenced against the guardian of an insane person and a surety on her bond. The plaintiff appeals from a judgment on the pleadings in favor of the surety company. No service was obtained upon the defendant guardian and the only parties to the appeal are the ■plaintiff and the surety.

In September, 1909, plaintiff was adjudged insane by the probate court of Sedgwick county and committed to the state hospital where he remained until June, 1913, when he was paroled. In October, 1913, the probate court made an order removing his…