Parker v. Walrath

Paul Ward, Associate Justice.

The question posed by this appeal is whether the plaintiff who was under guardianship can dismiss a complaint filed in her name. The trial court held that she could, and the guardian prosecutes this appeal for a reversal. The Revenue Commissioner is a nominal party and will be guided by this opinion. Hereafter the word “appellee” will refer only to Mrs. Walrath.

Much of the background of this case is found in a former appeal to this court involving the same parties. See: Parker v. Parker, 231 Ark. 635, 331 S. W. 2d 694. A summary statement of the evidence leading…