Welch v. Fox
Massachusetts Supreme Judicial Court
Petition, filed on March 19,1909, fór a writ of prohibition addressed to Justice Jabez Fox of the Superior Court to enjoin him from appointing a guardian ad litem for the petitioner in the case of William J. Welch v. H. Lincoln Chase and others pending in that court. The case was heard by Braley, J., upon the pleadings and an agreed statement of facts.
Read the full summary
Petition, filed on March 19,1909, fór a writ of prohibition addressed to Justice Jabez Fox of the Superior Court to enjoin him from appointing a guardian ad litem for the petitioner in the case of William J. Welch v. H. Lincoln Chase and others pending in that court. The case was heard by Braley, J., upon the pleadings and an agreed statement of facts. It appeared, among other matters, that on March 9, 1909, the respondent, in denying a motion made by the petitioner for a new trial or rehearing of an application made by him for a writ of review, filed the following memorandum: “ The plaintiff…
1Opinion of the CourtHammond, J.
The petitioner has mistaken his remedy. No citation of authorities is needed in support of the propositions, first, that a court may, and indeed should, appoint a guardian ad litem for a litigant in a case before it whenever by reason of minority or mental unsoundness one is required; and second, that whenever the question arises as to whether such a guardian is required the court has jurisdiction to consider and decide it. And this jurisdiction is not founded upon a previous notice to the litigant, but is a part of and incidental to its general jurisdiction over the case and the parties…
2Cases cited1 opinion
- Inhabitants of Hyde Park v. WigginMassachusetts Supreme Judicial Court · 1892
3Cited by11 opinions
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
- Commonwealth v. ThebergeMassachusetts Supreme Judicial Court · 1953
- Buckingham v. AldenMassachusetts Supreme Judicial Court · 1944
- Young v. TudorMassachusetts Supreme Judicial Court · 1948
- Sullivan v. Judges of the Superior CourtMassachusetts Supreme Judicial Court · 1930
6 more not listed; retrieve them via the Exa API.