Wager v. Wagoner
Nebraska Supreme Court
Ebbob from tlie district court of Boone county. Tried below before Kendall, J. An action by an insane person should be brought by a properly-appointed guardian, and not by a next friend. {Covington v. Neftzger, 30 N. E. Rep. [Ill.]*764; Dorsheimer v. Roorback, 18 N. J. Eq. 438; Nichol v. Thomas, 53 Ind. 42; Tiffany v. Worthington, 65 N. W. Rep. [Ia.] 817; Row v. Roio, 41 N. E. Rep. [O.] 239.)
1Opinion of the Court
Irvine, C.
This action was brought in the name of Philip S. Wagoner by William J. Wagoner as his next friend, against Homer D. Wager and two others. The petition alleged that Philip S. Wagoner was, on August 25, 1893, insane and wholly incapable of contracting, that he.was the owner of certain described land in Boone county, and that the defendants conspired together to defraud him thereof, *512and procured him to convey said land to Wager for a grossly inadequate price. The answers were in effect general denials. There was a trial to the court and a general finding for the plaintiff, followed by…
2Cases cited5 opinions
- Dewey v. AllgireNebraska Supreme Court · 1893
- Whetstone v. Whetstone's Ex'rsSupreme Court of Alabama · 1883
- Dorsey v. McGeeNebraska Supreme Court · 1890
- Rea v. BishopNebraska Supreme Court · 1894
- Chicago & Pacific Railroad v. MungerIllinois Supreme Court · 1875
3Cited by12 opinions
- Peters v. TownsendSupreme Court of Arkansas · 1910
- Wisdom v. PeekCourt of Appeals of Texas · 1920
- Dafoe v. DafoeNebraska Supreme Court · 1955
- Schneringer v. SchneringerNebraska Supreme Court · 1908
- Stephan v. Prairie Life InsuranceNebraska Supreme Court · 1925
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