Hawk v. Sayler

Citations

• 83 Kan. 775
• 112 P. 602
• 1911 Kan. LEXIS 236

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Guardian and Ward — Action against Guardian for Money Due — Erroneous Accounts — Fraud. An action for a balance claimed to be due from a guardian to his ward at the time the latter reached the age of majority is not an action for relief on the ground of fraud, although the petition contains allegations that certain charges against the ward in the guardian’s annual accounts are erroneous and should not be allowed.</p> <p>2. - Action u/pon Statutory Liability — Statute of Limitations — Accrual of Action. A cause of action against a guardian for a balance of money due to his ward at the time the latter reached the age of majority;accrues at that time, and is a liability created by statute, to which the three-year period of limitation prescribed by the second subdivision of section 17 of the code of 1909 applies, although the action is upon the guardian’s bond against the guardian and his surety.</p>