52 Ga. 600 | Ga. | 1874
1. There is nothing in the proceedings before the ordinary that concludes inquiry into the accounts of the defendant below. The judgment permitting him to resign and discharging him from his office is no adjudication that he has settled with the new guardian. He must be discharged from his office before a new one can be appointed, since it is plain there cannot be two guardians at the same time, one succeeding the other. No settlement can be had until the new guardian is clothed with his office, and this is the clear intent, not only of the Code, section 1848, but of the act of 1850; Cobb's Digest, 339, and act of 1857, pamphlet, 60, 61.
2. It is very plain, from the testimony, that there was never any settlement between the new guardian and the old. The receipt does not purport to be in full, but only of the money left with the ordinary, the specific money. As it was in Confederate money, the new guardian had a right to suppose it was legally and properly in that money, and that either the old guardian had originally got it- in that money, or that in the due and legal execution of the trust it had, without fault, got
3. Upon the whole, we think the jury justified by the evidence in their finding, and that there was no error in refusing the new trial.
Judgment affirmed.