65 Iowa 629 | Iowa | 1885
Plaintiff’s position is that it was the duty of the clerk to require the guardian to give a bond at the time’ of his appointment, with sufficient sureties, conditioned for the faithful performance of his duties as such guardian, and that the appointment of the guardian without requiring such bond was a violation of his official duties, for which the clerk and his sureties are liable on his bond. It is claimed that the duty of the clerk in this respect is prescribed by section 2321 of the Code. This section is as follows: “All bonds relating to probate matters shall be filed in the office of the clerk of the circuit court, and shall not be deemed sufficient until examined by the clerk, and his approval indorsed thereon. ”
There are also two general provisions in the title with reference to the guardianship of minors and others requiring guardianship. The first is found in section 2312, which provides “ that the circuit court of each county shall have original and exclusive jurisdiction * * * of the persons and estates of minors and others- requiring guardianship.” The second is in section 2315, which provides that the clerk shall have power to appoint guardians, administrators, etc., in vacation. The general provisions of the statute with reference to the matter of guardianship, however, are found in chapter 5 of title 15. The appointment of guardians is provided for in this chapter, and their powers and duties, with reference to the persons and property of their wards are there prescribed. And it is provided in section 2246 that “ guardians appointed to take charge of the property of a minor must give bond, with surety, to be approved by the court, in a penalty * * * conditioned for the faithful discharge of their duties as such guardians according to law.” It is our opinion that section 2321 has no reference to the bonds of guardians, and that it imposes no duty upon the clerk with reference to the approval of such bonds, but that the duty of passing upon the sufficiency of the bond of a guardian is prescribed by section 2246, and that this duty devolves upon the court, and cannot be performed by the clerk in
Reversed.