Gillespie v. Hauenstein
Mississippi Supreme Court
From the chancery court of Noxubee county. HoN. W. T. HoustoN, Chancellor, presiding by interchange. The bill in'this cause was filed by J. A. Tyson, as guardian and next friend of Robert Gillespie, a lunatic, against R. Hauenstein, M. B. Graham, and G. H. Kimbrough, sureties on the bond of Joseph Bar dwell, former guardian of said lunatic, and the heirs of J. A. Minniece, a deceased surety.
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From the chancery court of Noxubee county. HoN. W. T. HoustoN, Chancellor, presiding by interchange. The bill in'this cause was filed by J. A. Tyson, as guardian and next friend of Robert Gillespie, a lunatic, against R. Hauenstein, M. B. Graham, and G. H. Kimbrough, sureties on the bond of Joseph Bar dwell, former guardian of said lunatic, and the heirs of J. A. Minniece, a deceased surety. The bill alleges that in 1867 Robert Gillespie was declared insane by an inquisition of lunacy duly instituted by the probate court of Noxubee county; that afterwards, in 1872, Joseph Bardwell was…
1Opinion of the CourtCooper, C. J.
The suit was properly brought by the lunatic suing by his guardian and next friend. The action is that of the lunatic, represented in its prosecution by others because of his incompetency. Finney v. Speed, 74 Miss., 32; Bull v. Dagenhard, 55 Ib., 602; Klaus v. State, 54 Ib., 644.
It is not competent, in this proceeding, to collaterally attack the decree appointing Bardwell guardian of the lunatic. Ames v. Williams, ante, p. 760.
The heirs at law and distributees of the deceased surety, Minniece, are proper parties defendant. Patty v. Williams, 71 Miss., 837; Van Winkle v. Smith, 26 Ib., 491;…
2Cases cited2 opinions
- Patty v. WilliamsMississippi Supreme Court · 1894
- Griffin v. ByrdMississippi Supreme Court · 1896
3Cited by10 opinions
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- Bolmer v. United States Fidelity & Guaranty Co.District Court, W.D. Kentucky · 1935
- Savings, Building & Loan Ass'n v. TarttMississippi Supreme Court · 1902
- Stephens v. MooreMississippi Supreme Court · 1952
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