Bancroft v. Bancroft
Superior Court of Delaware
Action of Divorce for Adultery (No. 20, September Term, 1911), by John Bancroft, Jr., against Madeleine du Pont Bancroft and her infant for divorce for adultery of the wife, and for the establishment of the illegitimacy of Max Hiebler, Jr., the infant. Decree of divorce and decree establishing illegitimacy entered.
Read the full summary
Action of Divorce for Adultery (No. 20, September Term, 1911), by John Bancroft, Jr., against Madeleine du Pont Bancroft and her infant for divorce for adultery of the wife, and for the establishment of the illegitimacy of Max Hiebler, Jr., the infant. Decree of divorce and decree establishing illegitimacy entered. A motion for the appointment of a guardian ad litem for an infant defendant, duly served with process in an action commenced against his mother and him was made by plaintiff, based upon two grounds, viz.: First, the statute of the State of Delaware; Second, by virtue of. the…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
[1] After reading the many cases cited in the brief you submitted to us, Mr. Whiteman, we have no doubt that the court has the inherent power to appoint a guardian ad litem for an infant defendant, where a suit has been commenced against him, and he has been properly served with process.
All the cases seem to hold that the courts will so far protect the infant as to see that he is properly served with process, and that a guardian ad litem is appointed to manage his defense.
*12As was said by the court in the case of King v. Collins, 21 Ala. 363,…
2Cases cited2 opinions
- King v. CollinsSupreme Court of Alabama · 1852
- Haskell v. AfricaSupreme Court of New Hampshire · 1895
3Cited by7 opinions
- Morris v. MorrisSuperior Court of Delaware · 1940
- Poole v. PooleSupreme Court of Iowa · 1936
- Monahan v. MonahanSupreme Judicial Court of Maine · 1946
- Ralston v. RalstonSuperior Court of Delaware · 1950
- Wiener v. WienerSuperior Court of Delaware · 1951
2 more not listed; retrieve them via the Exa API.