Jones & Cullom v. Knox
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before Hon. A. C. Eelder. The appellee, a ward, on 23d June, 1869, filed his bill by next friend, against appellants, sureties on the bonds of his guardian. The facts are as follows: William Knox, in 1859, was appointed guardian of appellee, and qualified as such, with appellants as his sureties.
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Appeal from the Chancery Court of Montgomery. Heard before Hon. A. C. Eelder. The appellee, a ward, on 23d June, 1869, filed his bill by next friend, against appellants, sureties on the bonds of his guardian. The facts are as follows: William Knox, in 1859, was appointed guardian of appellee, and qualified as such, with appellants as his sureties. On the 8th February, 1868, said guardian filed his accounts for an annual settlement of his guardianship, by which was shown a balance in bis ward’s favor of $.10,535.06, for which, on the 29 th June, 1868, the probate court rendered, a decree.…
1Opinion of the CourtB. F. Saefold, J.
The purpose of the bill filed by the minor, was to obtain a settlement of his guardianship in the chancery court. The sureties of the guardian were alone made defendants on the allegation that the guardian had died insolvent and bankrupt, leaving no assets whatever.
A demurrer to the bill, on the ground that a representative of the deceased guardian was a necessary party defendant, was properly overruled. Equity never requires the performance of a useless ceremony. • The appointment of an administrator would have caused some expense, while it could afford no possible advantage to the…
2Cases cited3 opinions
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