Sparr v. Globe Surety Co.

Citations

• 99 Kan. 481
• 162 P. 305

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Guardian — Order Approving Final Settlement — Final Judgment— Collateral Attack. An order , of the probate court approving a final settlement of the guardian of an insane person and releasing and discharging the guardian, is a final judgment of a court of competent jurisdiction and is not subject to collateral attack.</p> <p>2. Same — Order Discharging Guardian — Can Not be Attacked in Action Against Surety Alone. An order of the probate court releasing and discharging the guardian of an insane person can not be attacked' in an action in the district court against the surety of the guardian alone in an action brought by the ward after his legal disabilities have been removed, nothwithstanding it appears that the guardian is a nonresident of the state.</p> <p>3. Same — Release of Guardian — Releases Surety. The final judgment releasing the guardian- released the surety on the guardian’s bond. ■</p> <p>4. Same — Motion to Set Aside Final Settlement — Service by Publication —No Jurisdiction Acquired. After his legal disabilities had been removed the ward filed a motion in the probate court to set aside the judgment releasing and discharging the guardian, who had removed to another state. The only service obtained upon the guardian was by publication under an order of the probate court. Held, there being no statutory authority for obtaining service by publication in a proceeding where the only relief sought is a personal judgment, the probate court acquired no jurisdiction to make an order setting aside the former judgment.</p> <p>5. Same — Motion to Set Aside Final Settlement of Guardian — Not the Commencement of an Action. The filing of a motion in the probate court to set aside a final settlement of a guardian is not the commencement of an action within the provisions of section 18 of the civil code, which entitles persons under any legal disabilities to bring certain actions within one year after such disabilities have been remove