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(DOWNLOAD) "Pickering v. Industria Masina I Traktora" by Mississippi Supreme Court ~ eBook PDF Kindle ePub Free

Pickering v. Industria Masina I Traktora

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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 รข€” Action on Guardians Bond รข€” Complaint รข€” Burden of Proof รข€” Plaintiff not Required to Plead Demand on Surety รข€” Evidence. Guardian and Ward รข€” Action on Surety Bonds รข€” 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 รข€” Evidence รข€” 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 รข€” 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.


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