Casttetter v. State ex rel. Bradburn

Citation112 Ind. 445, 14 N.E. 388
Case DateDecember 02, 1887
CourtSupreme Court of Indiana

112 Ind. 445
14 N.E. 388

Casttetter
v.
State ex rel.

Bradburn.

Supreme Court of Indiana.

December 2, 1887.


Appeal from circuit court, Hamilton county; E. B. Goodykoontz, Judge.

Action by the state ex rel. Leona J. Bradburn against Peter W. Casttetter, administrator of Michael J. Casttetter, who was a surety upon the bond of the guardian of the person and estate of the relatrix. The court sustained a demurrer to defendant's answer, whereupon defendant appealed.

[14 N.E. 389]


Christian & Christian, for appellant.
Stephenson & Fertig, for appellee.

Mitchell, C. J.

On the thirtieth day of January, 1873, Jacob M. Casttetter was duly appointed guardian of the person and estate of the relatrix, Leona J. Bradburn. Michael J. Casttetter became one of the sureties on the guardian's bond. The guardian died without having made a final settlement of his trust. Afterwards, Michael J. Casttetter, the surety, died, and the appellant, Peter W. Casttetter, was duly appointed administrator of his estate. This proceeding was commenced on the thirtieth day of July, 1885, by the state, on the relation of Leona J. Bradburn, against the estate of the deceased surety on the guardian's bond. The statement or complaint which was filed in the court below charged that the deceased guardian failed to account for the moneys which came into his hands, and that he had converted moneys belonging to his ward to his own use.

Without stopping to notice some objections to the complaint, which we do not think well taken, we proceed to consider the second paragraph of the answer, to which the court sustained a demurrer. This paragraph sets up that in January, 1882, the appellant's decedent, as surety on the bond of the deceased guardian, whose estate was insolvent, with the knowledge and at the request of the relatrix, she being then over 21 years of age, made and filed in the Hamilton circuit court a final report and settlement of the proceedings in the guardianship matter, which report was subsequently, in the year 1885, approved and confirmed by the court; that the guardianship was then fully and finally settled, and that the appellant's decedent was thereupon discharged by the order and judgment of the Hamilton circuit court, which judgment so entered, it was averred, remained in full force.

Can a suit be maintained on the bond while the order and judgment of the Hamilton circuit court, thus procured, remain in force? It is settled beyond controversy that the approval of a guardian's or administrator's final report and settlement is such an adjudication of all matters as were, or should have been, brought into the account and report, as precludes all collateral inquiry into the correctness thereof by parties interested therein so long as the judgment of approval remain in force. Carver v. Lewis, 104 Ind. 438, 2 N. E. Rep. 705, and cases cited; Wainwright v. Smith, 106 Ind. 239, 6 N. E. Rep. 333; Carver v. Lewis, 105 Ind. 44, 2 N. E. Rep. 714; Holland v. Fenton, 48 Ind. 391;Parsons v. Milford, 67 Ind. 489. Such adjudications are conclusive, because the law requires the guardians and administrators to make reports from time to time, and that they make final report and settlement when their respective trusts have been administered. Of the making of all such reports those...

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20 practice notes
  • Euler v. Euler, No. 8,047.
    • United States
    • Indiana Court of Appeals of Indiana
    • October 10, 1913
    ...for notice of a settlement by a guardian exists, except that he settle under section 3070, Burns 1908. Castetter v. State ex rel., 112 Ind. 445, 14 N. E. 388;Doan v. Dow, 8 Ind. App. 324, 35 N. E. 709. [8] It follows that there is no reason to apply to such settlements that part of said sec......
  • McCloskey v. Davis
    • United States
    • Indiana Court of Appeals of Indiana
    • November 1, 1893
    ...is not necessary for the administrator of an estate to plead specially any defense, except a set-off or counterclaim. Castetter v. State, 112 Ind. 445, 14 N. E. Rep. 388. When a general denial is pleaded, all defenses may be proven under the issues thus formed, except a set-off or countercl......
  • Moxley v. Indiana Nat. Bank, No. 4-781A60
    • United States
    • Indiana Court of Appeals of Indiana
    • December 30, 1982
    ...the proposition a final accounting is res judicata in any other suit brought by the ward against the guardian. Castetter v. State, (1887) 112 Ind. 445, 14 N.E. 388 (ward brought suit on the guardian's bond for failure to account for money and for conversion of ward's money); Candy v. Hanmor......
  • Shipman v. Shipman, No. 14679.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 6, 1934
    ...or mistake, as provided in the above-quoted section of the statute. See authorities heretofore cited. See, also, Castetter v. State (1887) 112 Ind. 445, 14 N. E. 388. The character of the fraud, if there be fraud, does not prevent the running of the limitation contained in the statute. Sect......
  • Request a trial to view additional results
20 cases
  • Euler v. Euler, No. 8,047.
    • United States
    • Indiana Court of Appeals of Indiana
    • October 10, 1913
    ...for notice of a settlement by a guardian exists, except that he settle under section 3070, Burns 1908. Castetter v. State ex rel., 112 Ind. 445, 14 N. E. 388;Doan v. Dow, 8 Ind. App. 324, 35 N. E. 709. [8] It follows that there is no reason to apply to such settlements that part of said sec......
  • McCloskey v. Davis
    • United States
    • Indiana Court of Appeals of Indiana
    • November 1, 1893
    ...is not necessary for the administrator of an estate to plead specially any defense, except a set-off or counterclaim. Castetter v. State, 112 Ind. 445, 14 N. E. Rep. 388. When a general denial is pleaded, all defenses may be proven under the issues thus formed, except a set-off or countercl......
  • Moxley v. Indiana Nat. Bank, No. 4-781A60
    • United States
    • Indiana Court of Appeals of Indiana
    • December 30, 1982
    ...the proposition a final accounting is res judicata in any other suit brought by the ward against the guardian. Castetter v. State, (1887) 112 Ind. 445, 14 N.E. 388 (ward brought suit on the guardian's bond for failure to account for money and for conversion of ward's money); Candy v. Hanmor......
  • Shipman v. Shipman, No. 14679.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 6, 1934
    ...or mistake, as provided in the above-quoted section of the statute. See authorities heretofore cited. See, also, Castetter v. State (1887) 112 Ind. 445, 14 N. E. 388. The character of the fraud, if there be fraud, does not prevent the running of the limitation contained in the statute. Sect......
  • Request a trial to view additional results

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