137 Ga. 95 | Ga. | 1911
On January 4th, 1892, J. W. Hopson was appointed guardian of the person and property of Willie Lee Hopson and Ralph B. Hopson, minor children of I. B. Hopson, deceased. As such guardian he executed bond. Subsequently, to wit, July 6th, 1896, on application of Mrs. Jessie B. Wilson, formerly Hop-son, the mother of the wards, who had signed as one of the sureties on the bond above mentioned, the guardian, by order of the ordinary, executed a second bond, with a different set of sureties. Afterwards, upon an alleged devastavit, the ordinary, disregarding the first bond, instituted suit against the principal and the sureties on the second bond only. No demurrer was filed, but the defendants, Cicero N. Williams, Wesley W. Wade, A. J. Conoly, and Z. T. Knight, uniting in one answer which was afterwards amended, and Mrs. Hannah Mathews, as executrix of S. M. Mathews, making a separate answer which was afterwards amended, and S. S. Rountree, as executor of the will of Mitchell Brice, making a separate answer which was afterwards amended, among other things set up
Judgment reversed on the main bill of exceptions and.the cross-bill of exceptions filed by Mrs. Wilson, and affirmed on the cross-bill of exceptions filed by Rountree, executor.