Kurtz v. Eisenstein
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Hby, Judge. (1) It will be noted that the trial judge set aside the verdict solely upon the assumption that Mr. Drunert, the person who was appointed guardian ad litem for the infant defendant, failed to accept the trust or to file any pleadings, or to appear for the infant. This assumption, we contend, was unwarranted. It is elementary law that there is a legal presumption that all officers do their duty.
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Appeal from Pike Circuit Court. — Hon. David H. Hby, Judge. (1) It will be noted that the trial judge set aside the verdict solely upon the assumption that Mr. Drunert, the person who was appointed guardian ad litem for the infant defendant, failed to accept the trust or to file any pleadings, or to appear for the infant. This assumption, we contend, was unwarranted. It is elementary law that there is a legal presumption that all officers do their duty. Cemetery Assn. v. McCune, 119 Mo. App. 349, 95 S. W. 295; Valle v. Picton, 91 Mo. 207; Robinson v. Robinson, 32 Mo. App. 88. (2) The statute…
1Opinion of the CourtGoode, J.
The defendant in this case is a minor. The action is for a malicious tort to the person of the plaintiff, committed by the infant and has resulted in judgment against the latter. The judgment was set aside on motion of the defendant and a new trial allowed because the record does not show that A. H. Drunert, who was appointed guardian ad litem for the minor, accepted his appointment. Plaintiff appeals from the order for a new trial. Drunert was appointed guardian ad, litem April 18, 1904, by the circuit court of Warren county, wherein the action was instituted. This Avas the first day of the…
2Cases cited9 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Ward v. . LowndesSupreme Court of North Carolina · 1887
- Stilwell v. . SwarthoutNew York Court of Appeals · 1880
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- State v. MillerSupreme Court of Missouri · 1933
- Hanlin v. Burk Bros. Meat & Provision Co.Missouri Court of Appeals · 1913