
    M‘Math vs. The State, use of Wheeler.
    Appeal front Harford ctfunty court. , Debt on a guardianes bond; eiitéredi into on the 17th of Márch 1802, by B Green, junior, with the appellant, atfd others; as his sureties. The following case was Stated for the court’s opinion: B. Green, jufiio'r, Was duly appointed by the orphans court of Harford county, guardian of F. Wheeler, at whose" instance and for whose use this suit Was brought; and as such executed, on the 17th of March 1802, the bond on Which this action is brought, With the defendant, (M-Math,) and others, as his sureties. On the 27th of March 18,04,, on the' application of the defendant and B. Bussey, as sureties in the'said bond,- the orphan's court ordered that Greed should give counter Security.- He offered other security, Which Was accepted by the" court;’ áh'd é new guardian’s bond was entered into by him- to the state, oh the 27th of March Í804, with B. Green and J. Hopkins,' liis sureties? and MiMath and Bussey were ordered by the court to be released from being security for B. Green. At the’time of passing the said order, and approval of the bond by the orphans court, the estate and property of the ward remained,' and was in the hands and possession of Green, undiminish» ed. On the 23d of January 1816, Green, as guardian to' F. Wheeler, passed all account with tli'e orphans court, in which the sum'of £1018 9 2, was the amount of principal iii the hands-of the said Green; and-on the same day the court passed an order, directing Green to pay oyer to F. Wheeler, all the property that camp to his hands or possession, as guardian aforesaid, agreeably to the said account so passed. No part of the money appearing to be due by this account was paid, or in any manner secured to be paid. On this statement the county court gave judgment, for the plaintiff, and the defendant appealed.
    
      The sureties in. a Riiardian’s bond are not released from their responsibility,? to the wave!, where on their application to the orphans court for 6'oúhtet security a new bond is executed with other sureties although th$ orphans court by their order endeavour to release the former sureties*
    
      The cause was argued before Buchanan, Eabx:§9 Mar* tin, and Stephen, J»
    
      R. Johnsoij, tor the Appellant,
    referred to the acts of 1798, ch. 101, sub ch. 12, s. 3, 5; sub ch. 15, s. 12; 1807, ch. 136, s. 2; & 1816, ch. 154.
    
      jliy,xray and Scott, for the Appellee.
   JUDGMENT AEEIRMED,'  