Gustafison v. Ericksdotter
Supreme Court of Kansas
Error from Clay District Court. This was an action brought by the defendant in error to partition a tract of land situated in Clay county, Kansas, alleged to be owned in common by the plaintiff and defendant.
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Error from Clay District Court. This was an action brought by the defendant in error to partition a tract of land situated in Clay county, Kansas, alleged to be owned in common by the plaintiff and defendant. The defendant below, plaintiff here, alleged in answer to the plaintiff’s petition, among other things, “ that the plaintiff is a person of unsound mind, and incapable of managing her own affairs; and that she resides in Sweden, and has no guardian in this state; and that the attorney, C. C. Coleman, who brought the suit for the plaintiff, had no authority from her to bring the same; and…
1Opinion of the Court
Opinion by
Clogston, C.:
The only question is, did the court err in sustaining the demurrer to the defendant’s answer ? This question brings up the inquiry, can a person of unsound mind bring an action without a guardian or next friend being joined as plaintiff? We think not. Our statutes provide who shall prosecute and defend actions for and against persons of unsound mind. Section 18, ch. 60, Compiled Laws of 1885, is as follows:
“ It shall be the duty of every such guardian to prosecute *671and defend all actions instituted in behalf of or against his ward, to collect all debts due or becoming…
2Cited by2 opinions
- Talbot v. WulfSupreme Court of Kansas · 1926
- Rodenberg ex rel. Bachman v. RodenbergSupreme Court of Kansas · 1939