[Download] "Pickering v. Industria Masina I Traktora" by Mississippi Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Pickering v. Industria Masina I Traktora
- Author : Mississippi Supreme Court
- Release Date : January 06, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Guardian and Ward — Action on Guardians Bond — Complaint — Burden of Proof — Plaintiff not Required to Plead Demand on Surety — Evidence. Guardian and Ward — Action on Surety Bonds — Burden on Surety to Show, What. 1. In an action against the surety on a guardians bond, plaintiff ward was not required to allege in his complaint that the guardian, adjudged in default by the courts order settling her final account, had in her possession money belonging to him during the life of the bond, the burden of showing that she did not have such possession being upon the surety. Same — Evidence — Improper Designation of Guardians Account not Ground for Excluding Document. 2. Under section 9818, Revised Codes 1921, providing that the mere fact that a paper bears a defective title does not render it ineffectual if it can be said to properly refer to a particular proceeding, held that improperly designating a guardians account as an administratrixs account did not render it inadmissible, where the account of the administratrix had been closed two years prior to rendition of her account as guardian and she certified to it as her guardians account. Same — Plaintiff not Required to Plead Demand on Surety for Payment Found Due on Settlement of Guardians Account. 3. Where the court in settling a guardians account fixed the amount due the ward and directed payment thereof, plaintiff ward was not required to plead in his complaint in his action on the guardians bond that demand for payment had been made prior to commencing suit.