Lanier v. Foster

Clark, Judge.

Three questions are presented: (1) Must the adversary litigant be notified before the court appoints a guardian ad litem for a minor? (2) What is required to accomplish legal service upon a minor defendant before such minor can be declared in default? (3) How broad a discretion is vested in a trial judge under Code Ann. § 81A-155 (b) to authorize him to determine "from all the facts ... that a proper case has been made for the default to be opened”?

Jefferson G. Lanier, Jr., by his father as next friend, joined with his father individually to sue Janice Lynn Foster, an infant, and…