Majority
p. 8In the matter of the petition of James Hopson. May. 13. 1831.
Headnote
A party who has obtained his majority, cannot, by petition, call upon the person who had acted as guardian to account. It must be done by a bill.In this case, the petitioner had attained the age of twenty-one years; and he prayed his guardian might account, without shewing that any thing was due or in the hands of the person who had acted as guardian.
Mr. 8. B. H. Judah, for the petitioner.
Mr. H. W. Warner, for the guardian, objected:
1st. Because the guardianship was at an end; and therefore, the proceeding was wrong in point of form.. 2d. The party who had acted as guardian could only be called upon through a bill of complaint. And, 3d, there was no allegation of any thing being due. Mr. Warner read an affidavit, showing that accounts had been rendered.
The petition does not set forth a single circumstance of misconduct on the part of the late guardian. But even if it did, I find no case where a person can be called upon to account through a petition, ¿fter the period of his guardianship has ceased. If the petitioner were under age, then; Under the rules and practice of the court, a bill Would be unnecessary.
In this case, the relation of guardian and ward has ceased; and the former is no longer an officer of the court. If the petitioner has any claim, he must file a bill.
Motion denied, with costs.