The Birmingham age-herald., 1903-02-14
Opinions Rendered
 By Supreme Court

Presley Vs Weakley, administrator, ct
 al. Bill in equity against sureties Of
 Guardian for an Accounting. Appeal
 from the Chancery court of Jefferson.
 1. Sureties; What Necessary to Fix Lia- biIity-An action at law cannot be main tained against the sureties on the bond of an executor, administrator or guardian until there has been in a separate pro- ceeding a judicial ascertainment or the effect and extent of the principals liabil- ity; the rendition of a judgment or de- cree against the principal and any act of misfeasauee or malfeasance of the prinei- pal being the act which fixes the liability of the sureties within the meaning of the statute
 ?. sureties on Guardians Bonds; When Statute of Limitations Does Not Apply.- Where a guardian has died before the final settlement of his partnership or be- fore the rendition of a judgment or de- cree against him, no case can arise either at law or in equity which will fall With in the terms of the statute which hxes SIX years as a bar to actions against the sureties of executors, administrators or guardians, for any misfeasance or mai feasance whatever of their principal, etc. (code. section 279).
 3 sureties on Guardians Bond; When Bill Cannot Be Maintaned-The death of A guardian terminates his trust and fixes the neriod from which the time for suing the sureties must be computed; and, therefore, a bill filed by ward after the expiration of eight years from the death of the guardian asking for an account ing. but disclosing no excuse for an un- reasonable delay, comes too late and can not be maintained
 Affirmed. Opinion by Sharpe, J.
 Moore vs. Parker Drug Co.,, ct al-Bill in
 Equity for the Appointment of a Re-
 ceiver and to Enforce Clalm-ApI cal
 from the Chancery Court Of Mobile.
 1. Bill for the Appointment or he- ceiyer and to Enforce Claim ot Lien,
 When Priority of Lien not Shown to Exist-One who had sold a stock of c:ugs and certain furniture and fixtures upon which he received part payment In cash and for the balance took note V h'ch re- cited that this note is secured ny nrst lien on the drugs, furniture and nxtnres recently bought" of the seller illeo bill in which he ayerred said sale an1 that the possession of property had been de- liyered to the purchaser, corporation, that after said purchase said corpora ton carried on the business Iii the usual course of trade, but was, at the time of the filing of the bill in failing clrcum- stances that all of tho furniture ana fixtures and much of the stock remain ed in the store; but that the President anrpOFa tiOn removing or wasting said stock and that little would be left to the satisfaction of complainant's lien unless there WAS q receiver appointed and said officers were enioined from further waste. It was fur- ther averred in said bill as amended that the actions complained of were in fraud of all the creditors of said corporation, and that the complainant therefore, nleo saio bill in his own behalf and in penalI ol all other creditors of said corporation Dho might come in and contribute to the expenses of the suit. The prayer Of the bill was for an injunction and the ap- pointment of a receiver to take charBe ol the property, manage and sell the same under the orders of the court TOT the en forcement of compainants lien and for general relief. Held that sale bill could not be maintained for the enforcement of the lien, the identity of the property alleged to have been covered by the lien not being shown, since right Of priority as to an undefined part does not give such right to a whole of the fund or of prop erty, and further that the Dill being hied as a general creditors bill, no one or the creditors Is entitled to priority as to his claim over the claims of other creditors. Affirmed. Opinion by Sharpe J.
 
 Keene vs. Jefferson County. Bill to de-
 clare acts of the legislature unconstl-
 tutional and void and to enjoin proceed
 ings thereunder. Appeal from the Chah-
 cery court of Jefferson.
 1, Constitutional Law; Limitation as to
 Rights of Counties to Contract Debts.- The power of the legislature to authorize the counties of the state to contract debts for the promotion of public enterprises, in violation of the constitutional restr1c- tion as to life, liberty and property, IS not restricted by the constitution or B'o, further than is provided by article II, sec tion 5, which prohibits any county or the state to levy a larger rate Of taxation in any one year upon the value or the taxable property therein than one-half or 1 per cent, expect for the purpose of pay ing past debt and for public buildings and bridges.
 q. Making Jefferson County a Sanitary Dis trict.-The act of the general assembly approved February 2S. 1901, ito make Jet- ferson county sanitary district and to establish a sanitary commission therefor, etc (acts of 1900-19Ol, paragraph 17O2), and the act approved the same day authoriz- ing the board of revenue of Jefferson county to issue bonds of said county for the purpose of providing means by which the provisions of the first act could be carried into effect are not unconstitu- tional and void upon the ground that they increase the rate of taxation of the coun- ty beyond the constitutional limit; nor win such acts be construed to be enact ed for the benefit of portion of the county and its citizens to the exclusion of other portions while the tax Is made generally upon all the county; 1t being presumed that said acts were passed