Bailey v. Fitz-Gerald
Mississippi Supreme Court
Appeal from the Chancery Court of Tallahatchie County. Hon. J. C. Gray, Chancellor. In 1859, George G. Harvey was appointed guardian of the person and estate of Martha J. Bradford, a minor. In 1863, in pursuance of an order of the Probate Court, obtained upon his petition therefor, the guardian invested his ward’s money in bonds of the Confederate States.
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Appeal from the Chancery Court of Tallahatchie County. Hon. J. C. Gray, Chancellor. In 1859, George G. Harvey was appointed guardian of the person and estate of Martha J. Bradford, a minor. In 1863, in pursuance of an order of the Probate Court, obtained upon his petition therefor, the guardian invested his ward’s money in bonds of the Confederate States. The order of court was based upon an act of the Legislature, approved August 2, 1861, as follows : — '■'■Be it enacted by the Legislature of the State of Mississippi, That it is, and shall be, lawful for executors, administrators, guardians,…
1Opinion of the CourtSimkall, C. J.
The defendant set up the discharge of his intestate from further accounting in the proceedings of final settlement as res adjudicata, protecting him against the demand asserted in this suit.
The complainants attempt to obviate the effect of that *584order, because Mrs. Bailey, then the ward of the intestate, was not represented by a guardian ad litem.
In Burrus v. Burrus, ante, p. 92, the statutes reguating’ the mode of serving process, and upon whom, in proceedings under the probate jurisdiction of the Chancery Court, was very carefully examined, and the conclusion reached that those statutes…
2Cases cited7 opinions
- Horn v. LockhartSupreme Court of the United States · 1873
- Thorington v. SmithSupreme Court of the United States · 1869
- Hanauer v. WoodruffSupreme Court of the United States · 1873
- Lessley v. PhippsMississippi Supreme Court · 1874
- John A. Winston & Co. v. McLendonMississippi Supreme Court · 1870
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3Cited by1 opinion
- Fitz-Gerald v. BaileyMississippi Supreme Court · 1881