State ex rel. McGarry v. Kirkwood

DOERNER, Commissioner.

This is an original proceeding in mandamus to compel the respondent or his successor to set aside an order dismissing relators’ motions for the appointment of a guardian ad litem for one of the defendants alleged to be incompetent and to hear said motions on their merits. Since the respondent dismissed the motions solely on the ground that as a matter of law the court had no jurisdiction to appoint a guardian ad litem, and as the facts are un-controverted, we issued our alternative writ. State ex rel. Fielder v. Kirkwood, 345 Mo. 1089, 138 S.W.2d 1009; State ex rel.…