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State ex rel. Favorite v. Slauter

The State, ex rel. Favorite, Guardian v. Slauter

State ex rel. Favorite v. Slauter, 80 Ind. 597 (1881)
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Court
Indiana Supreme Court · State Highest Courts
Decided
November 15, 1881
Docket
No. 7383
Judges
Franklin
Citations
80 Ind. 597
Headnotes
Guardian and Ward. — Final Report. — Collateral Attach. — A guardian’s final report, settlement and discharge by the court are res adjudicata of all matters therein, and can not be collaterally attacked in a suit upon the bond. Such report can only be set aside by a direct proceeding therefor.
Summary
From the Fountain Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Franklin

Text extracted by OCR from a scanned original; check the original for exact wording.

Franklin, C.

— This is a suit by appellant, as guardian, upon the bond of appellee, as former guardian of the same wards. The complaint shows that appellee, as such former guardian, filed an account current of his receipts and disbursements, together with his resignation, upon which he was discharged by the court.

This settlement and discharge are res adjudicata of all the matters and things therein contained, and can not be collaterally attacked in a suit upon the bond. The report can only be set aside by a direct proceeding for that purpose. See the case of Candy v. Hanmore, 76 Ind. 125 , and the authorities therein cited.

A direct proceeding was commenced to set aside this settlement, and in the case of Favorite v. Slauter, 79 Ind. 5,62 , this court held that the complaint therein was sufficient, and reversed the judgment.

This leaves the whole matter open for examination in the court below, and, if there is anything wrong in the settlement, it can be set aside, and, if necessary, then a proper suit upon the bond can be commenced.

There was no error in sustaining the demurrer to the complaint in this case.

The judgment below ought to be affirmed.

Per Curiam. — It is therefore ordered, upon the foregoing opinion, that the judgment below be and it is in all things affirmed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1883–1884: 11893–1894: 11899–1900: 21911–1912: 11921–1922: 118832026peak 1899 · 2

Relies on it most ⓘ

  1. Southern Surety Co. v. Burney1912 OK 589, 126 P. 748
  2. Ferguson v. State ex rel. Hagans90 Ind. 38 (1883)
  3. Deegan ex rel. Neligh v. Deegan37 P. 260 (Nev. 1894)
  4. Western Indemnity Co. v. Davidson129 N.E. 860 (Ind. Ct. App. 1921)
  5. Hornung v. Schramm54 S.W. 615 (Tex. App. 1899)
  6. State ex rel. Goodhue v. Burkam55 N.E. 237 (Ind. Ct. App. 1899)

Most recent

  1. Western Indemnity Co. v. Davidson129 N.E. 860 (Ind. Ct. App. 1921)
  2. Southern Surety Co. v. Burney1912 OK 589, 126 P. 748
  3. Hornung v. Schramm54 S.W. 615 (Tex. App. 1899)
  4. State ex rel. Goodhue v. Burkam55 N.E. 237 (Ind. Ct. App. 1899)
  5. Deegan ex rel. Neligh v. Deegan37 P. 260 (Nev. 1894)
  6. Ferguson v. State ex rel. Hagans90 Ind. 38 (1883)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Candy v. Hanmore, 76 Ind. 125 (1881) 21
Cartmel v. Newton, 79 Ind. 1 (1881) 14

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