Batey v. Batey

This action was brought to recover specific sums of money alleged to be still owing to the plaintiff from the former guardian of his estate who had been discharged by order of the probate court under the circumstances described in the complaint. The four defendants to the action are: plaintiffs wife, Elva L. Batey, Emerson B. Thatcher, his former guardian, and Jane Thatcher, the guardians wife, and the corporate surety on the former guardians bond. Defendants demurred (Elva L. Batey interposing a separate demurrer) to the amended complaint and the trial court sustained the demurrers. Plaintiff having declined to plead further and having elected to stand on his amended complaint, the court entered a judgment of dismissal, from which the plaintiff has appealed.