LeBourgeoise v. McNamara
Supreme Court of Missouri
Error to St. Louis Court of Appeals. The infant defendants were improperly made parties to the partition proceedings, and there should have been no decree affecting their rights to the land. Stevens v. En-tires, 13 N. J. L. 271; Culver v. Culver, 2 Root 278; Zeigler v. Grum, 6 Watts 106; Brown v. Brown, 8 N. H. 93. It was error to enter a decree upon the stipulation filed.
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Error to St. Louis Court of Appeals. The infant defendants were improperly made parties to the partition proceedings, and there should have been no decree affecting their rights to the land. Stevens v. En-tires, 13 N. J. L. 271; Culver v. Culver, 2 Root 278; Zeigler v. Grum, 6 Watts 106; Brown v. Brown, 8 N. H. 93. It was error to enter a decree upon the stipulation filed. A guardian ad litem, has no power to waive proof, nor any right without it to consent to judgment or to the confirmation of the commissioner’s report. Revely v. Skinner, 33 Mo. 101; McClure v.,Farthing, 51 Mo. 109 ; Howell…
1Opinion of the Court
Martin, C.
This was an action for the partition of certain lands in St. Louis and was begun in 1874. The only question necessary to be considered relates to the power of guardians ad litem in partition eases. The defendants, "Walter, Victor, Belle, Arthur and Lulu McNamara were minors and .the court appointed A. J. Quigley as guardian ad litem to represent them in the suit. The appointment was accepted and a general answer filed putting in issue the material allegations of the petition. Afterwards the following stipulation signed by counsel in the case was filed:
“It is agreed that judgment of…
2Cases cited6 opinions
- Collins v. TrotterSupreme Court of Missouri · 1883
- Powell v. GottSupreme Court of Missouri · 1850
- Latshaw v. McNeesSupreme Court of Missouri · 1872
- Revely v. SkinnerSupreme Court of Missouri · 1862
- McClure v. FarthingSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Scott v. RoystonSupreme Court of Missouri · 1909
- Phelps v. DomvilleSupreme Court of Missouri · 1957
- Payne v. MasekSupreme Court of Missouri · 1893
- King v. TheisSupreme Court of Missouri · 1917
2 more not listed; retrieve them via the Exa API.