Norris v. Baumgardner

Briscoe, J., delivered the opinion of the Court. This is an appeal from an order of the Circuit Court of Frederick County, sitting in equity, passed on the 3rd day of November, 1902, directing the appellant to bring into Court ⁵³⁶ the sum of four hundred and sixty-two dollars and forty cents to be paid unto the appellee, Charles Baumgardner, guardian to Charles H. Norris, of Frederick County. The facts out of which the controversy arose briefly stated are these: On the 17th of May, 1900, the appellee, Charles Baumgardner, the grandfather of the infant Norris, filed an ex parte petition’in the Circuit Court for Frederick County, sitting in equity, asking his appointment as guardian and on the same day an order was passed making the appointment. The order directed that the guardian file an" approved bond in the penalty of one thousand dollars; that he- receive and collect all money due the infant until he arrives at age and deposit the same in the Citizens’ National Bank of Frederick and to apply the interest to the support, education and maintenance of the infant and to pay the principal sum to him when he attained his majority.

It appears that on June 4th, 1900, the appellant filed a petition in the Circuit Court for Frederick County wherein it is stated that since the appointment-of the appellee she has been appointed guardian to said infant by the Orphans’ Court of Frederick County, and on the 28th of May, 1900, filed an approved bond, and the petition prayed that the-Court pass an order rescinding and vacating the previous order appointing the appellee. On June 6th, 1900, the appellee answered the petition and ‘upon a hearing on petition, answer and exhibits, the Circuit Court of Frederick County on the 16th day of July, 1900, passed an order dismissing this petition, and .affirming the appointment of the appellee as guardian. There was no appeal from this last named order nor from the original order of the 17th of May, 1900, appointing the appellee. Subsequently on the 25th of July, 1900, the appellee filed a petition in the same cause alleging in substance that the appellant had collected from the Junior Order of United Mechanics of the city of Washington, the sum of five hundred dollars, as the guardian of the infant Norris, aud retains and refuses to pay to him the fund so collected, and asking that ⁵³⁷ she ■ be required to appear and show cause why the money should not be paid as set out and claimed in the petition. ■ In- answer to this petition the appellant amongst other things relies upon the following defense: That the Thomas Jefferson Counsel paid the sum of $25 to her as the mother of said deceased, as provided by the by- laws of said order; that the said Council, through its representative Joseph E. Toone, has paid the following items being amounts due for the last sickness and death of said deceased, Howard L. Norris, namely t© F. Schroeder the sum of $125.00; to Charles Hermann, the sum of $7.45; to Mount Olivet Cemetery, the sum of $52.25; to B. Rosenour & Sons the sum of $16.00; to E. Sponseller the sum of $30.00, in addition to which the said Council, through its representatives has designated that it desires the payment of the sum of $52 due to Dr. S. S. Maynard for medical attention to said deceased during his last illness, that the said Mollie Norris has