Bonham v. People

Citations

• 102 Ill. 434
• 1882 Ill. LEXIS 51

Syllabus

<p>1. Limitation—when the statute begins to run—sufficiency of a plea. A plea to an action on a guardian’s bond, by a surety, that he 'did not, at any time within sixteen years before the suit, execute the bond, is clearly bad. The limitation runs only from the time a cause of action accrues, and not from the date of the bond, and it requires both the execution of the bond and its breach to constitute a cause of action.</p> <p>2. Same—saving of right of action after disability ceases. Section 19 of the Limitation law, Rev. Stat. 1874, and section 21 of the same law, saving rights of action after a party’s disability is removed, or his death, have no application where the cause of action would not be barred in the absence of such statutes.</p> <p>3. Plea—must answer all it professes to answer. A plea in an action upon a guardian’s bond, which professes to answer two breaches assigned in the declaration, is bad, if it does not set up a good defence to both of the breaches.</p> <p>4. Guardian’s bond—conditions as to liability for converting the ward’s money to use of guardian. An assignment of a breach of the condition of a guardian’s bond, that the guardian had converted to his own use a large amount of the moneys of his ward, is not answered by a plea that no adjustment was ever had of the accounts of the guardian by the probate court, and that the guardian had not been ordered by that court to pay to the ward in her life, or to the administrator of her estate after her death, any sum of money, and that the guardian had never been cited to appear before that court and make a settlement of his guardianship. Our statute provides, that whenever the condition of the bond of any guardian shall be violated, suit may be instituted on such bond, and prosecuted to final judgment against such guardian and any one or all of the sureties, or against one or more of them, “without first establishing the liability of the principal by obtaining judgment against him alone, ” and that