Smith v. . Smith

The action was brought in the name of Larkin Smith, by his next friends, A. L. Ferrell and others, appointed by the court. The purpose of the action was to set aside a prior power of attorney executed by Larkin Smith to the defendant, Charles H. Smith, by reason of mental incapacity, and to have a receiver appointed for his estate. After the service of the summons on Charles H. Smith, to wit, on 26 February, 1889, Larkin Smith executed a power of attorney to Messrs. Fuller Snow and Batchelor Devereux, attorneys, empowering and directing them to dismiss the said action.

When the case was called…