Hauenstein v. Gillespie

Citations

• 73 Miss. 742

Syllabus

<p>1. Evidence. Exhibits to depositions. Copies of account boohs and receipt.</p> <p>Where account books — the private property of persons having no interest in the suit — are produced before the commissioner taking a deposition, and correct copies of the entries therein made and attached to the deposition, such copies are admissible in evidence to the same extent that the original books would be; and a correct copy of a receipt attached to the deposition, the original of which was produced by the holder for examination by the commissioner taking the deposition, is equally admissible.</p> <p>2. Guardian and Ward. Su/rebies on guardian’s bond. Estoppel to deny his a/ppointment.</p> <p>When a guardian has, by virtue of his qualification as such, taken possession of, and for years exercised control over, the estate of his ward, the sureties on his bond are estopped by its recitals to deny the validity of his appointment, in a proceeding, after his death, to recover balances due the estate of the ward. Thomas v. Bmrus, 23 Miss., 550, overruled.</p>