Fidelity Casualty Co. of N.Y. v. Miller

Opinion of the Court by

Judge Sampson

Affirming.

An action for new trial was instituted by appellant, Fidelity & Casualty Company of New York, after the lower court had entered judgment sustaining a demurrer to its answer and it had declined to further plead and its petition had been dismissed. The second action met the same fate as the first, and these two appeals resuit.

On March 28, 1919, A. J. Browning was duly appointed guardian of Retha Whitmer, an infant under 14 years of age, and qualified by taking the oath and executing bond with the Fidelity & Casualty Company as Surety, as required;…