13 Vt. 373 | Vt. | 1841
The opinion of the court was delivered by
This is an action upon the bond of the guardian of a person distracted and non compos mentis. It is instituted at the suit of the plaintiff, who claims to prose-ecute as creditor to the ward. The pleadings are multifarious and somewhat extended, but as one branch ends in demurrer to the plaintiff’s replication, this brings in question the sufficiency of the declaration, as well ■ as all the other pleadings. The court have found the other portions of pleading anomalous and unsatisfactory, but they consider this must have been the result of an original misconception in regard to the action itself.
This error is one into which both parties seem equally to have fallen in the outset. And, taking their departure from a false position, it is not wonderful that their subsequent observations have but served to bewilder and delude them. As the court consider the action wholly misconceived, it is only necessary to examine the sufficiency of the declaration.
The action seems to have been instituted upon the supposition that the bond of the guardian, in this case, was intended to secure the rights of creditors, in the same manner as