2 Ga. App. 525 | Ga. Ct. App. | 1907
Davis as ordinary of Floyd county brought suit for the use of Treadaway, guardian of the three named minor children of one Mark Smith, against the United States Fidelity and Guaranty Company, security on the bond of J. A. Carroll, deceased, guardian of said minor children. The jury found a verdict for the plaintiff; and to the judgment of the court, denying its motion for a new trial, error is assigned by the defendant. The case made by the plaintiff, briefly stated, is as follows: The appointment and qualification of J. A. Carroll as guardian of said three minor .children, November 15, 1899. The execution of the bond sued on, with the defendant as the only security. Exemplification of returns made by Carroll as such guardian to the ordinary, duly sworn to, dated and filed November 11, 1902, showing in his hands as such guardian the sum of $328.97 in cash. The death of said Carroll, September 14-, 1903, in Floyd county, intestate, without assets and insolvent, leaving a widow and four minor children. The setting apart as a year’s support, to the widow and four minor children, all the property left by deceased, appraised at from $250 to $300. The estate of Carroll was without any representation. It was also shown that none of the minor children had receivéd any property from the guardian coming into his hands from the estate of their father. The defendant introduced no evidence, and practically admitted the case made by plaintiff, but denied his right to recover under the facts shown, and the law: (1) Because there was no evidence showing a'devastavit, the returns of the guardian made in November, 1902, being insufficient for that purpose, when he died in March, 1903; this return only showed a receipt by the guardian of the money sued for and in his possession November,
It is insisted that while the returns might show the condition of the guardian’s account at the date when made, to wit, November, 1902, this did not show its condition in 1903, the date of the guardian’s death. This proof was supplemented by the positive .and uncontroverted testimony that neither one of the wards had
We think, under the undisputed facts and the law, that no other verdict could have been justly rendered, and that the judgment refusing the new trial should be affirmed.
Judgment affirmed.