Clark v. Gilmer
Supreme Court of Alabama
Appeal from the Chancery Court of Cherokee. Heard before the Hon. A. J. Walker. This bill was filed by William Gilmer against the administrator and heirs-at-law of James W. Lewis, deceased. The only point here decided renders it unnecessary to state the facts.
1Opinion of the CourtRice, J.
Where non-resident infants are named in a bill as defendants, and their father is dead, but their mother is *266alive, and her place of residence known to the complainant, they may be made defendants by publication, and sending a copy of the order to their mother. It is irregular to appoint a guardian ad litem for them, or to render-a decree against them, before they are brought into court by such publication and sending. — Rules, 4, 40, 41; Walker v. The Bank of Mobile, 6 Ala. R. 452; Hodges v. Wise, 16 Ala. R. 509; Erwin v. Ferguson, 5 Ala. R. 167.
In the present case, five of the persons named…
2Cited by19 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Hamilton v. TolleySupreme Court of Alabama · 1923
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