§ 58-185. Release, application by surety for - Issuance and service of citation.  


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  • When a surety of any executor, administrator or guardian desires to be released from responsibility on account of future acts, he may make application by petition to the judge of the district court for relief.  The judge must issue a citation to the executor, administrator, or guardian, to be served personally upon him requiring him to appear at a time and place, to be therein specified, and give other security.  If he has absconded, left or removed from the state, or cannot be found after due diligence and inquiry, service may be made as provided when the citation is to require further security.

R.L.1910, § 6278; Laws 1913, c. 63, p. 100, § 1.