Eiland v. Chandler
Supreme Court of Alabama
Error to the Circuit Court of Perry. Debt by the plaintiff in error, for the use of William C. Har-lor, against the defendant in error, as surety of Elijah Harlor, guardian of William C. Harlor, on his bond in the penalty of one thousand four hundred dollars.
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Error to the Circuit Court of Perry. Debt by the plaintiff in error, for the use of William C. Har-lor, against the defendant in error, as surety of Elijah Harlor, guardian of William C. Harlor, on his bond in the penalty of one thousand four hundred dollars. The declaration, after setting out the bond and condition, proceeds to allege “that Elijah Harlor, as guardian aforesaid, did not well and truly perform the duties required of him by law, &c., in this, that the said Elijah Harlor didnot deliver an inventory on oath of all the estate, real and personal, which he had received as such…
1Opinion of the CourtOrmond, J.
This is a suit against the sureties of a guardian, upon his official bond, by the Judge of the County Court for the use of the ward. No judgment has been obtained against the principal in the bond, but as an excuse for not ascertaining the amount in his hands, it is alledged'that the guardian has wasted the assets, and absconded from the State.
At the time this suit was brought, our statutes did not provide any means for the settlement of a guardian’s account, when he had left the State. This has been remedied by the act of 1843, [Clay’s Dig. 230, § 47,] which authorizes the Judge of the…
2Cited by6 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Alston v. AlstonSupreme Court of Alabama · 1859
- Parish v. AlstonTexas Supreme Court · 1885
- Dupree v. PerrySupreme Court of Alabama · 1850
- Giles v. WoodsSupreme Court of Alabama · 1925
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