Formby v. Wood
Supreme Court of Georgia
Motion, in Floyd Superior Court. Decided by Judge Trippe, December Term, 1855. This was a bill in Equity, filed by Elizabeth Formby, as . guardian of Jackson Formby, against John M. Hunt. At February Term, 1852, upon petition of the defendant, representing himself as a lunatic, William Wood was appointed his guardian ad litem.
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Motion, in Floyd Superior Court. Decided by Judge Trippe, December Term, 1855. This was a bill in Equity, filed by Elizabeth Formby, as . guardian of Jackson Formby, against John M. Hunt. At February Term, 1852, upon petition of the defendant, representing himself as a lunatic, William Wood was appointed his guardian ad litem. At August Term, 1853, the Jury rendered a decree in •favor of complainant, from which an appeal was entered by ..Hunt himself, by affidavit sworn to by himself. At December Term, 1855, a motion was made to dismiss said appeal, on the ground that a guardian ad litem,…
1Opinion of the Court
*582 By the Court.
Benning, J.
delivering the opinion.
[1.] If the appeal affidavit made by Hunt, was made duing a lucid interval, the act was valid.
“ All acts done during a lucid interval, are to be considered as those of a person perfectly capable of contracting, managing and disposing of his affairs at that period; and this rule applies to wills as well as contracts.” (Shelford Lunatics, 289; Hall vs. Warren, 9 Ves. 610.)
The office of the guardian ad litem, in the case of the lunatic, as in that of the infant, expires with the cause of it.
This being so, the question is, was the affidavit of Hunt…
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- Fountain v. McCallumSupreme Court of Georgia · 1942
- Gray v. ConyersSupreme Court of Georgia · 1883
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