McIntyre v. People

Citations

• 103 Ill. 142
• 1882 Ill. LEXIS 160

Syllabus

<p>1. Alteration—of guardian’s bond will not affect ward. The adding of another name as security in the body of a guardian’s bond, and the signing and sealing of such bond by the new surety, under an order of court requiring additional security, even if unlawful, will not affect the security of the ward in the bond as originally made, or defeat a recovery thereon; and if lawfully made, the. ward may treat the bond as that of all the sureties named in it after its alteration, and may sue any one of such sureties separately.</p> <p>2. Guardian—loams must be approved by county court. Where a guardian loans his ward’s money, the statute requires that the county court must approve the security; and the ward may treat a loan made without such approval of the county court as an appropriation of the money to the guardian’s own use. The statutory requirement that the security shall be approved by the court is mandatory, not merely directory.</p> <p>3. Guardian’s bond—action lies on, without first fixing guardian's liability. Under the statute, it is not necessary that the guardian’s account shall be adjusted in the county court, and the extent of his liability thereby ascertained, before an action will lie against his sureties upon his bond. The damages may be ascertained in the suit on the bond.</p> <p>4. Evidence—parol, as to action of a court of record, not proper. The county court being a court of record, having a seal and a clerk, its proceedings can only be shown by its record. Hence parol evidence that the court approved of the security taken by a guardian for moneys of his ward loaned, is not admissible in a suit upon the guardian’s bond. If an order of approval was in fact made, but not recorded, the only remedy is by an application to that court, in apt time, upon notice and proper proof, to have its record amended or completed.</p>