Inferior Court ex rel. Pitts v. Cherry
Supreme Court of Georgia
Debt, in Muscogee Superior Court.. Decision by Judge Iverson, May Term, 1854. Lemnel Cherry was appointed, by the Court of Ordinary of Muscogee county, the guardian of Robert Cherry, a minor.— The minor removed to the county of Pulaski, and in that county, upon his arrival at the age of 14 years, made choice of David L. Pitts as Ms guardian, who was appointed by the Ordinary of that county, and gave bond as guardian.
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Debt, in Muscogee Superior Court.. Decision by Judge Iverson, May Term, 1854. Lemnel Cherry was appointed, by the Court of Ordinary of Muscogee county, the guardian of Robert Cherry, a minor.— The minor removed to the county of Pulaski, and in that county, upon his arrival at the age of 14 years, made choice of David L. Pitts as Ms guardian, who was appointed by the Ordinary of that county, and gave bond as guardian. At May Term, 1850, of the Court of Ordinary of Muscogee, a rule •nisi was 'granted, reciting the appointment of Pitts as .guardian, and charging the default of the former…
1Opinion of the Court
By the Gourt.
Starnes J.
delivering the opinion.
[1.] By analogy to the Common Law rule, ivhich was established in cases of guardianship, in socage, it has been .settled, generally, that a minor may choose his own guardian, at the age of fourteen. (Co. Litt. 123. 1 Black. Com. 461.) We are prepared to admit this rule as of force in our State, with the qualification, that this discretion may be so far controlled by the Ordinary, that he may refuse his sanction to an unwise or improvident selection.
[2.] We accordingly think, that the infant, in this case, had the right to make choice of his…
2Cited by2 opinions
- Jordan v. SmithCourt of Appeals of Georgia · 1909
- Dickerson v. BowenSupreme Court of Georgia · 1907