Allison v. Taylor

The only question presented in this .case, is whether a •judgment by default against a lunatic, upon service of process on him alone, be nota, because his committee was not a party. And it is our opinion that, though evidently erroneous, the judgment is not void.

Had the fact of lunacy appeared in the record of the judgment, a writ of error to this Court would have ensured the proper relief. But, though the fact did not so appear, and is judicially known only from an admission in the record of this suit — brought to enforce, (by evic-' \ i . , , . , ° J tion) a purchase of the lunatic’s land,…